The High Court rejected the appeal against conviction in an Abkari Act case involving possession of arrack. The Court reduced the rigorous imprisonment sentence from two years to one year due to the petitioner's lack of prior record.
Conviction confirmed; sentence reduced from two years rigorous imprisonment to one year.
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 V.RAMKUMAR
FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930
Crl.Rev.Pet.No. 813 of 2008()
----------------------------CRA.87/2006 of ADDL. SESSIONS COURT (ADHOC)-II, KALPETTA SC.119/2000 of ASSISTANT SESSIONS COURT, SULTHAN BATHERY
REVN. PETITIONER: APPELLANT
KRISHNAN,S/O. KUNHIRAMAN THEKKUMPATH HOUSE, KALLOOR,SULTHANBATHERY. BY ADV. SRI.S.M.PRASANTH
RESPONDENTS: COMPLAINANT
THE STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.P.RAVEENDRA BABU
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 20/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
=================== Cr.R.P.No. 813 of 2008
===================
Dated: 20.06.2008
O R D E R
In this revision filed under Sec. 397 read with Sec. 401 Cr.P.C. the petitioner who is the accused in S.C. No.119 of 2000 on the file of the Assistant Sessions Judge, Sulthanbathery for an offence punishable under Section 55(a) of the Kerala Abkari Act, challenges the conviction entered and the sentence passed against him concurrently by the courts below.
Crl.R.P.No.813 of 2008
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witnesses as P.Ws 1 to 6 and got marked 8 documents as Exts. P1 to P8 and one jerry can as MO1.
Crl.R.P.No.813 of 2008
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Crl.R.P.No.813 of 2008
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sample bottle as well as the balance contents in the jerry can, PW5 seized them under Ext.P1 Seizure Mahazar. The accused
was arrested and taken to the Excise Office from where Ext.P6 Crime and occurrence report was prepared. The seized jerry can and sample bottle were produced before the committal magistrate on 3.5.1999. The sample bottle was, at that time, in the sealed condition. Thereafter during the course of investigation, PW6 the Excise Inspector submitted Ext.P4, forwarding note on the strength of which the committal court forwarded the sample bottle for chemical examination. As per Ext.P8, the sample bottle which was received in a tamper proof condition with the seal intact was found to contain 35.49 litres by volume of Ethyl alcohol. The sample was despatched by the committal court as per covering letter dated 3.5.1999 without any delay.
Crl.R.P.No.813 of 2008
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regarding the adequacy or otherwise of the sentence imposed on the revision petitioner. Having regard to the fact that the revision
petitioner is not a previous offender and the occurrence was way back on 28.5.1999, I am inclined to reduce the rigorous imprisonment to one year. In all other aspects, sentence imposed on the revision petitioner is confirmed.
In the result, this Revision is disposed of confirming the conviction entered but modifying the sentence imposed as above.
Dated this the 20th day of June, 2008
V.Ramkumar, Judge.
sj
1 issue framed by the court
Whether the High Court should interfere with the conviction recorded by the courts below in a case under Section 55(a) of the Kerala Abkari Act.
3 provisions across 2 enactments
Krishnan
The State
V. Ramkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
