Dasan and Others vs State of Kerala and Others

K. Balakrishnan Nair, J.—These review petitions are filed praying to correct an apparent mistake in the last but one sentence in paragraph 26 of the common judgment under review. The said judgment is reported in Komalan Vs. State of Kerala and Others, . We heard learned Senior Counsel Sri. C. C. Thomas and also Senior Government Pleader, Sri. Benny Gervasis. Going by the declaration made by us in paragraph 17 of the judgment, the penultimate sentence in paragraph 26 should be corrected as follows:

It is also declared that in the case of Sago palm (Choondapana) toddy, if the strength of alcohol detected is not above 8.1%, the offence u/s 56(b) of the Act will not lie.

It is ordered accordingly. The review petitions are allowed as above.

We notice that in the 40 remaining cases disposed of by the common judgment (viz. W.A.No.2867/07 and W.P.(c) Nos.36951/07, 37437/07, 37439/07, 37865/07, 1046/08, 2770/08, 2878/08, 2923/08, 2945/08, 2945/08, 2968/08, 5778/08, 5790/08, 5826/08, 5879/08, 5883/08, 8865/08, 9776/08, 13104/08, 33221/08, 34126/08, 34534/08, 34601/08, 35941/08, 36862/08, 1513/09, 1516/09, 3028/09, 6479/09, 6559/09, 6748/09, 6837/09, 7078/09, 7128/09, 7129/09, 7697/09, 8702/09, 8902/09 and 9254/09), no review petitions are filed. We feel that they should be reviewed suo motu. Therefore, it is ordered that the order in the above review petitions will govern these cases also and the common judgment in them are also corrected accordingly.