Partly allowed

Kurian v. State of Kerala

Kerala HC3 Apr 2014Crl.Rev.Pet/848/2003

Case brief

AI extract

What is this about?

This Criminal Revision Petition challenged conviction and sentence under Section 55(a) of the Abkari Act. The High Court maintained the conviction but imposed a lighter sentence of thirty days imprisonment and a fine of Rs.25,000, considering the accused's age and small quantity of contraband.

What did the court decide?

Conviction maintained; sentence modified to thirty days simple imprisonment and fine of Rs.25,000; custody period eligible for set-off.

Kurian Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2014)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

¶4

THURSDAY, THE 3RD DAY OF APRIL 2014/13TH CHAITHRA, 1936

¶5

Crl.Rev.Pet.No. 848 of 2003 ( )

¶6

AGAINST THE JUDGMENT IN CRA.NO.606/2000 of III ADDL. DISTRICT COURT, THRISSUR, DATED 07-03-2003

¶7

AGAINST THE JUDGMENT IN CC.NO.270/1999 of J.M.F.C., VADAKKANCHERRY, DATED 04-12-2000

¶8

REVISION PETITIONER/APPELLANT/ACCUSED:-

¶9

KURIAN, S/O.LONAPPAN, KUTTIKATTIL, CHITTANDA VILLAGE, KANDANOOR THEKKEKARA DESOM, TALAPPILLY TALUK, THRISSUR DISTRICT.

¶10

BY ADVS.SRI.P.VIJAYA BHANU SRI.P.M.RAFIQ

¶11

RESPONDENT/RESPONDENT/COMPLAINANT:-

¶12

STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

¶13

BY PUBLIC PROSECUTOR SRI.P.V.ELIYAS.

¶14

THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 03-04-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶15

Kvs/-

¶16

B.KEMAL PASHA, J.

¶17

= = = = = = = = = = = Crl.R.P.No.848 of 2003.

¶18

= = = = = = = = = = =

¶19

Dated this the 3^rd April, 2014.

¶20

O R D E R

¶21

Dissatisfied with the findings of conviction and sentence entered by the Judicial First Class Magistrate's Court, Wadakkanchery in CC.No.270 of 1999 under Section 55(a) of the Abkari Act, the petitioner herein approached the Sessions Court, Thrissur through Crl.Appeal No.606 of 2000. The learned Additional Sessions Judge has concurred with the findings entered by the learned Magistrate, and dismissed the appeal, and hence the revision.

¶22

The prosecution case is that, on 5.2.1997 at 6.00 pm. at the Panchayath road in front of the house of Porinju in Kundannur Thekkekara desom, Chittanda village, the petitioner was found in possession of one litre of arrack in a can of five litres capacity, and thereby he committed the offence punishable under Section 55(a) of the Abkari Act.

¶23

On the side of the prosecution, PWs.1 to 3 were

¶24

Crl.R.P.No.848/2003.

¶25

¶26

examined and Exts.P1 to P3 were marked. MO1 can was identified. The offence was detected by the then Preventive Officer, Excise Range, Wadakkanchery at 6.00 pm. on 5.2.1997. He seized the contraband through Ext.P1 mahazar. A quantity of 180 ml. Of arrack was drawn as sample and thereafter he produced the petitioner along with the contraband before the Excise Inspector and Crime No.6/1997 was registered through Ext.P2 occurrence report. The contraband was forward for chemical analysis. Ext.P3 is the chemical analysis report. Through Ext.P3, it has come out in evidence that the sample contained 27.53% by volume of ethyl alcohol. The searching cross examination did not result in anything to discredit or disbelieve the testimony of PW1.

¶27

PW2 who was cited as an independent witness turned hostile and has not fully supported the prosecution case except the admission of his signature in Ext.P1 mahazar. PW3 has supported the prosecution case and has fully corroborated the version of PW1 in all material

¶28

Crl.R.P.No.848/2003.

¶29

¶30

particulars. On going through the evidence as a whole, I do not find anything to interfere with the concurrent findings of guilt entered by both the courts below.

¶31

Regarding the question of sentence, during the period in question, an offence under Sec.55(a) of the Abkari Act is liable for a sentence of imprisonment which may extend to two years and with fine which shall not be less than Rs.25,000/-. The learned counsel for the petitioner has pointed out that the petitioner is presently aged above 75 years and the quantity of the contraband involved was only one litre. By pointing out of the said aspect, the learned counsel for the petitioner has canvassed for the maximum leniency in the question of sentence.

¶32

In Sasikumar v. State of Kerala (2012 KHC 4713), the Apex Court has taken a view that when lesser quantity of contraband is involved in cases of transport of arrack or illicit liquor, there should be leniency in imposing default sentence in the case of payment of fine.

¶33

It seems that the petitioner was arrested on

¶34

Crl.R.P.No.848/2003.

¶35

¶36

5.2.1997 and he was enlarged on bail on 6.3.1997. Considering the quantity of the contraband involved, and the age of the petitioner, I am of the view that a sentence of simple imprisonment for thirty days, and to pay a fine of ₹25,000/-, in default, to undergo simple imprisonment for ten more days, will meet the ends of justice in this case.

¶37

In the result, this Criminal Revision Petition is allowed in part by maintaining the conviction and by modifying the sentence as follows:

¶38

The petitioner shall undergo simple imprisonment for thirty days and to pay a fine of 25,000/-, in default, to₹ undergo simple imprisonment for ten days more. The petitioner is entitled to set off, of the period undergone by him in custody in connection with the investigation, inquiry and trial of this case, under Section 428 Cr.P.C.

¶39

Sd/B.KEMAL PASHA, (Judge)

¶40

Kvs/-

¶41

-// true copy //-

¶42

PA TO JUDGE.

Kurian v. State of Kerala

Case brief

What is this about?

What did the court decide?

Kurian v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shiju Vs Ashokan

Ambunhi Vs State

Rep.by Public Prosecutor Vs Thulasi

Saidalavi Vs the State of Kerala

Raman Vs State of Kerala

Silvy George Vs Anna Joseph