Supreme Court strikes down 2007 Kerala order capping alcohol content in coconut toddy at 8.1%
Using validated testing methods and reviewing scientific literature, the panel recommended revising the cap to 8.98% v/v at 15.56°C.
Using validated testing methods and reviewing scientific literature, the panel recommended revising the cap to 8.98% v/v at 15.56°C.
Using validated testing methods and reviewing scientific literature, the panel recommended revising the cap to 8.98% v/v at 15.56°C.
New Delhi: The Supreme Court has set aside a 2007 Kerala government notification that fixed the maximum ethyl alcohol content in coconut toddy at 8.1% v/v, quashing all prosecutions based on the now-defunct limit.
A bench of Justice Pamidighantam Sri Narasimha and Justice Atul S Chandurkar delivered the ruling while hearing a batch of appeals against the Kerala High Court’s dismissal of writ petitions challenging FIRs under Rule 9(2) of the Kerala Abkari Shops (Disposal in Auction) Rules, 2002. The accused were booked for allegedly selling toddy with alcohol levels above the prescribed cap.
During the proceedings, the apex court had, on May 1, 2024, directed the state to review the rules to determine whether the 8.1% limit was scientifically justified. Following this, the government constituted an expert committee, which collected toddy samples from across Kerala and analysed them at the three regional laboratories of the Chief Chemical Examiner. Using validated testing methods and reviewing scientific literature, the panel recommended revising the cap to 8.98% v/v at 15.56°C.
The state accepted the recommendation and issued a fresh order on July 16, 2025, re-notifying the new limit.
“In view of the above clarity by virtue of the Expert Committee report, prosecutions based on the assumption that the maximum ethyl alcohol content of coconut toddy shall not exceed 8.1% v/v cannot be sustained,” the court said, setting aside the 2007 order and quashing all cases filed under it.
(With LiveLaw inputs.)