The Kerala High Court set aside conviction under the Essential Commodities Act due to loss of Special Court jurisdiction after a 13-year delay. The appeal was allowed but the case was not remanded to avoid further delay.
Impugned order set aside and Criminal Appeal allowed without remanding the case for retrial.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU
TUESDAY, THE 17TH JULY 2007 / 26TH ASHADHA 1929
CRL.A.No. 163 of 2000()
----------------------(AGAINST THE JUDGMENT DATED 28/2/2000 IN ST.9/1998 ON THE FILE OF THE SPL. JUDGE, THRISSUR, UNDER THE ESSENTIAL COMMODITIES ACT X OF 1995)
APPELLANT: (ACCUSED IN S.T.9/98):
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RAJAPPAN, AGAED 48, S/O.SEBASTIAN, PADINJARE VEEDU, WARD NO.I, KADAKKARAPPALLY PANCHAYATH, CHERTHALA.
(NOW UNDERGOING CONVICTION CENTRAL PRISON,VIYYUR)
BY ADV. SRI.V.L.SHENOY
RESPONDENTS: (COMPLAINANT IN S.T.9/98):
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1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. SUB INSPECTOR OF POLICE, PATTANAKKADU POLICE STATION, PATTANAKKADU, ALAPPUZHA DISTRICT.
BY PUBLIC PROSECUTOR SRI. C.K.SURESH
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 28/06/2007, THE COURT ON 17/07/2007 DELIVERED THE FOLLOWING:
ORDER ON CRL.M.P.NO.1101/2000 IN CRL.APPEAL NO.163/2000
DISMISSED
17/07/2007
SD/-K.R.UDAYABHANU, JUDGE
/TRUE COPY/
Kss
K.R. UDAYABHANU, J.
CRL.A.NO. 163 OF 2000
DATED THIS THE 17th July 2007
JUDGMENT
The appellant stands convicted for the offence under Section7(1)(a)(ii) read with Section 3 of the Essential Commodities Act, 1955 and sentenced to undergo simple imprisonment for one year and to pay a fine of Rs.1000/- and in default to undergo simple imprisonment for one month. It is also ordered that the pre-trial imprisonment undergone shall be set off.
CRL.A.163/2000
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purchase was from an authorised dealer. He has also produced Ext.D3 letter of the District Supply officer dated 21-10-1994 along with the retail licence issued under Parallel Marketing System. Ext.D3 dated is the subsequent date of seizure. Ext.D2 is a copy of licence which is dated 11-10-1994. The contention of the accused is that he was having valid licence.
CRL.A.163/2000
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Considering the fact that the incident is dated 14-1-1994 and that more than 13 years have been elapsed since then and that the accused has already undergone trial and that he was facing the criminal proceedings for so long and since the date of the judgment in February 2000, he was living under the shadow of impending imprisonment and also considering the nature of the offence, I find that directing the appellant to undergo trial once again would not just. Hence, further proceedings in S.T.No.9/1998 is herewith set aside. The Crl. appeal is allowed.
K.R.UDAYABHANU, JUDGE
ks.
CRL.A.163/2000
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K.R.UDAYABHANU, J
CRL.A. 163 of 2000 JUDGMENT
17-7-2007
2 issues framed by the court
Whether the Special Court had jurisdiction to try the case under Section 12(A) of the Essential Commodities (Special Provisions Act), 1981 which had expired.
Whether remitting the case to the regular court would cause further injustice after 13 years of proceedings.
Colour shows how this judgement treated each authority
Savarikutty @ Chacko Xavier v. State of KeralaRelied on¶34
Savarikutty @ Chacko Xavier v. STate of Kerala, I.L.R.2006(4) Ker.247 · Who else cites this
2 provisions across 2 enactments
RAJAPPAN
STATE OF KERALA
K.R. UDAYABHANU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
K.R. UDAYABHANU
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