In a criminal revision, the High Court upheld the conviction but set aside the six-month imprisonment sentence for importing liquor marked 'not for sale' in permissible quantities, directing the appellant to pay the imposed fine.
Conviction upheld; imprisonment sentence set aside; appellant ordered to deposit fine of Rs.25,000/.
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 S.SIRI JAGAN
MONDAY, THE 8TH DAY OF OCTOBER 2012/16TH ASWINA 1934
Crl.Rev.Pet.No. 1934 of 2005 ( ) -------------------------------CRA.80/2002 of ADDITIONAL SESSIONS COURT, KOZHIKODE-III CC.549/1997 of J.M.F.C.-IV,KOZHIKODE
REVISION PETITIONER(S)/APPELLANT/ACCUSED::
PUSHPARAJAN, S/O. APPUTTY, POOKKATTE, EDAKKAD AMSOM AND DESOM, KOZHIKODE TALUK.
BY ADV. SRI.P.V.KUNHIKRISHNAN
RESPONDENT/RESPONDENTS/COMPLAINANT & STATE
STATE OF KERALA, REP. PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
ADV. SMT. SEENA RAMAKRISHNAN - PUBLIC PROSECUTOR
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 08-10-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
acd
S. SIRI JAGAN, J.
Crl.R.P. No.1934 of 2005
Dated this the 8th day of Octoer, 2012
ORDER
The petitioner is the accused in C.C.No.549/1997 before the Judicial First Class Magistrate's Court-IV, Kozhikode. The petitioner was prosecuted for an offence under Section 55 (a) of the Abkari Act. The allegation of the prosecution was that the petitioner had imported liquor into the State of Kerala, which was not for sale in to the State of Kerala, which violates Section 55 (a) of the Abkari Act. The Magistrate convicted the petitioner and sentenced him to undergo simple imprisonment for six months and to pay fine of Rs.25,000/- (Rupees twenty five thousand only) with a default sentence of simple imprisonment for three months. In an appeal before the Sessions Judge, Kozhikode as Criminal Appeal No.80/2002, the conviction and sentence were confirmed. The petitioner is challenging the judgments of the courts below.
Cr.R.P.No.1934/05
2
the petitioner confines relief for reducing the sentence of imprisonment. According to him, admittedly, the petitioner was in possession of Indian Made Foreign Liquor within the permissible limits, insofar as the quantity was only 1.125 litres. He points out that, at the relevant time, an individual could validly possess 4.5 litres of Indian Made Foreign Liquor as per notification under Section 13 of the Abkari Act. Therefore, if at all the petitioner has committed any crime it is only technical in nature, insofar as the offence arose only because the label in the liquor contained an inscription 'not for sale in Kerala'. As such, the petitioner has not committed any serious offence and therefore, sentence of imprisonment should be reduced is the contention raised.
petitioner, the petitioner had, in his possession only 1.125 litres of Indian Made Foreign Liquor, which was a permissible quantity as per notifications issued under Section 13 of the Abkari Act. As such, the possession of the liquor itself was not an offence. It became an offence only because the label contained the inscription 'not for sale in Kerala'. Therefore, I
Cr.R.P.No.1934/05
3
am of opinion that the sentence of imprisonment is too harsh. Of course, minimum fine of Rs.25,000/-(Rupees twenty five thousand only) was the rule at the relevant time. In the above circumstances, I am inclined to modify the imprisonment part of the sentence.
The Criminal R.P. is disposed of as above.
S. SIRI JAGAN, JUDGE
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Cr.R.P.No.1934/05 4
Cr.R.P.No.1934/05 5
2 issues framed by the court
Whether the sentence of imprisonment imposed for possessing Indian Made Foreign Liquor within permissible limits but marked 'not for sale' was harsh enough to warrant modification.
Whether the appellant's appeal against conviction and sentence could be partially allowed to reduce imprisonment.
2 provisions across 1 enactments
PUSHPARAJAN
STATE OF KERALA
S. SIRI JAGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
