Institute of Legal and Management Studies

The Supreme Court recently set aside the Kerala Government's 2007 notification fixing the maximum ethyl alcohol content in coconut toddy at 8.1% v/v, and quashed all prosecutions based on that limit.

A bench of Justice Pamidighantam Sri Narasimha and Justice Atul S. Chandurkar was hearing a batch of civil appeals arising from the Kerala High Court's decision dismissing writ petitions challenging several FIRs filed against the appellants for alleged violation of Rule 9(2) of the Kerala Abkari Shops (Disposal in Auction) Rules, 2002. They were facing cases over the allegation that they sold toddy containing alcohol beyond permissible limit.

During the pendency of the appeals, on May 1, 2024, the Court directed the State Government to revisit the Rules to consider whether the ethyl alcohol limit in coconut toddy fixed at 8.1% v/v was appropriate.

On August 13, Senior Advocate SP Chaly and Adv Roy Abraham andfor the State of Kerala placed a Government Order (GO) dated July 16, 2025 to re-notify the maximum ethyl alcohol content in coconut toddy based on an expert study.

The said GO stated that the Expert Committee was constituted and conducted experimental investigations on coconut palm toddy samples collected from across Kerala. As per the GO, the samples were analysed at the three regional laboratories of the Chief Chemical Examiner to the Government, using standardised and validated methods, along with a review of relevant scientific literature. The committee recommended fixing the maximum allowed ethyl alcohol content at 8.98% v/v at 15.56°C.

The government approved the report and its recommendations.

Therefore, the Supreme Court held that prosecutions based on the assumption that the ethyl alcohol content of coconut toddy shall not exceed 8.1% v/v could not be sustained. The Court set aside the 2007 government notification fixing the limit at 8.1% and quashed all prosecutions initiated under it.

Case no. – Civil Appeal Nos. 4039-4053/2009

Case Title – Komalan Etc. Etc. v. State of Kerala

Citation : 2025 LiveLaw (SC) 800

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