In a significant judgment impacting Kerala’s toddy sector, the Supreme Court has struck down the State Government’s 2007 notification that fixed the maximum ethyl alcohol content in coconut toddy at 8.1% v/v, and has quashed all prosecutions initiated on the basis of that limit.

A bench of Justice Pamidighantam Sri Narasimha and Justice Atul S. Chandurkar was hearing a batch of civil appeals (Civil Appeal Nos. 4039-4053/2009) filed against a Kerala High Court decision which had dismissed writ petitions challenging multiple FIRs lodged against toddy shop licensees. The FIRs alleged violation of Rule 9(2) of the Kerala Abkari Shops (Disposal in Auction) Rules, 2002 for selling toddy with alcohol content higher than the 8.1% cap.

Background of the Case
The dispute dates back to G.O. (P) No.25/2007/TD dated 14.02.2007 (S.R.O. No.145/2007), under which the Kerala Government fixed the maximum ethyl alcohol content in coconut toddy at 8.1% v/v. Several toddy shop owners faced prosecution for exceeding this limit.

However, during the pendency of the appeals, the Supreme Court on May 1, 2024 directed the State Government to revisit the alcohol content rule and assess whether the 8.1% cap was scientifically justified.

Expert Committee Findings
In compliance, the Kerala Government constituted an Expert Committee, which carried out extensive experimental investigations. Toddy samples were collected from different regions across Kerala and analysed at the three regional laboratories of the Chief Chemical Examiner to the Government using standardised and validated scientific methods.

The Committee also reviewed international and domestic scientific literature. Its findings revealed that the natural fermentation of coconut palm toddy could produce ethyl alcohol levels higher than 8.1% v/v. Based on this, it recommended fixing the maximum permissible level at 8.98% v/v at 15.56°C.

New Government Order & Court’s Ruling
Accepting the recommendation, the State Government issued a fresh Government Order dated July 16, 2025, re-notifying the permissible limit in accordance with the Expert Committee’s findings.

Relying on this updated standard, the Supreme Court ruled:

“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 2007 Government Order is set aside. Consequently, all prosecutions initiated on the basis of the said notification stand quashed.”

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