Appeal against conviction and sentence under Section 8 of the Abkari Act for possession of arrack. Court confirmed conviction due to reliable prosecution evidence but modified the sentence due to leniency considerations.
Conviction confirmed; sentence reduced to 3 months rigorous imprisonment and fine of Rs. 1 lakh with 2 months default imprisonment.
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 MRS.JUSTICE K.HEMA
FRIDAY, THE 24TH DAY OF JUNE 2011/3RD ASHADAH 1933
CRL.A.No. 1943 of 2003 ( )
AGAINST THE JUDGMENT IN SC.536/2001 of ADDL.DISTRICT COURT (FAST TRACK) (ADHOC-I), ALAPPUZHA.
APPELLANT/ACCUSED:
SASI @ GOPAKUMAR, S/O.UNNIKRISHNAN NAIR, THERIPURATHUKIZHAKKETTIL, VALLIKUNNAM, MAVAELIKKAR TALUK.
BY ADVS.SRI.P.J.JOSEPH SRI.M.D.SASIKUMARAN SRI.GEORGE MATHEW
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY EXCISE RANG INSPECTOR, MAVELIKKARA, THROUGH PUBLILC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY ADV. PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 24-06-2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.HEMA, J.
----------------------------------------------- Crl. Appeal No. 1943 of 2003 ----------------------------------------------- Dated this 24th day of June, 2011.
JUDGMENT
The appellant was charge-sheeted for offence under Section 8 of Abkari Act. He was convicted under Section 8 of Abkari Act and sentenced to undergo rigorous imprisonment for 1 year and 6 months and fine of Rs.1,00,000/- and in default of payment of fine to undergo rigorous imprisonment for 6 months.
[Crl.A.No.1943/2003] 2
trial court found that the evidence of PWs. 1 and 2, the official witnesses, is convincing and hence appellant was found guilty of offence under Section 8, since he possessed and transported arracks.
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[Crl.A.No.1943/2003]
witnesses, is consistent with each other. Their evidence reveal that on 10.6.1998 at 5.30 p.m. accused was found walking along the road, carrying a bag which on examination contained 32 polithiene cover containing about 100 ml. arrack. Three packets were taken from the above articles and those were cut open and examined by taste and smell and it was found to be arrack.
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[Crl.A.No.1943/2003]
case as to why he signed in Ext.P1.
[Crl.A.No.1943/2003] 5
may be shown in the case of sentence, it is submitted.
Sd/- K.HEMA, JUDGE.
Krs.
// True Copy //
P.S. to Judge.
3 issues framed by the court
Whether the conviction under Section 8 of the Abkari Act for possession and transport of arrack should be disturbed.
Whether the sentence under Section 8 of the Abkari Act should be enhanced or reduced given the appellant's circumstances.
Whether the provisions of the Probation of Offenders Act should be applied to the appellant.
1 provisions across 1 enactments
SASI @ GOPAKUMAR
STATE OF KERALA
K.HEMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
