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Judgment
M. Sasidharan Nambiar, J.—Petitioners are the accused respectively in CR No. 22/201, 24/2010, 21/2010 and 23/2010 of Excise Range, Kuravilangadu registered for the offences under Sections 57(a) and 56(b) of Abkari Act on the allegation that the sample of toddy taken from the respective toddy shops on analysis showed presence of ethyl alcohol in excess of the prescribed limit of 5.9% as provided under Rule 9(2) of Kerala Abkari Shops Disposal Rules 2002 introduced on 14.2.2000. Petitions are filed u/s 482 of Code of Criminal Procedure contending that in view of the decision of this Court in Komalan Vs. State of Kerala and Others, as reviewed in Dasan and Ors. v. State of Kerala (3) Crl.M.C.4649/2010 & connected cases (2009 2 KLT 163) the registration of the case is illegal and they are to be quashed.
Learned senior counsel appearing for the Petitioners and learned Public Prosecutor were heard.
This Court has considered the identical question in Komalan''s case (supra) which was subsequently reviewed in Dasan''s case (supra) holding that the registration of the crime for offences u/s 57(a) will not lie for the presence of the toddy in excess of the permissible limit. The certificate of chemical analysis show that percentage of ethyl alcohol in no case exceed above 6.9%. In view of the decision of this Court in Komalan''s case (supra) and Dasan''s case (supra), registration of the case by the respective crime and occurrence report can only be quashed.
Petitions are allowed.CR. No. 22/2010, 24/2010, Crl.M.C.4649/2010 and connected cases 3 21/2010 and 23/2010 of Excise Range, Kuravilangadu are quashed.