Achuthan v. State of Kerala
Case brief
What is this about?
The High Court upheld the conviction for smuggling arrack but substituted the one-year rigorous imprisonment sentence with simple imprisonment for one month and retained the fine.
What did the court decide?
Conviction upheld; original sentence set aside and replaced with one month simple imprisonment and a fine of ₹1 lakh.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
WEDNESDAY, THE 18TH DAY OF NOVEMBER 2015/27TH KARTHIKA, 1937
CRL.A.No. 130 of 2006 ( )
AGAINST THE JUDGMENT IN SC 171/2004 of ADDITIONAL SESSIONS COURT FAST TRACK -II, PALAKKAD DATED 19-12-2005
APPELLANT(S)/ACCUSED::
ATHUTHAN, S/O. CHANTHU, EDAPARAMBIL VEEDU, AMAYOOR DESOM, KOPPAM OTTAPPALAM, PALAKKAD.
BY ADV. SRI.VINOD KUMAR.C
RESPONDENT(S)/COMPLAINANT::
STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.
Issues for consideration
3 issues framed by the court
Whether conviction stands despite the Chemical Analysis Report details not being specifically put to the accused during Section 313 Cr.P.C. questioning.
Whether the sentence of one year rigorous imprisonment and a fine of one lakh is excessive considering the lapse of over ten years since the offence and lack of antecedents.
Whether the conviction for offences under Sections 55(a) and 8(2) of the Abkari Act is sustainable.
Parties & counsel
- appellant
ATHUTHAN
- respondent
STATE OF KERALA
Coram
P. BHAVADASAN
Case details
As recorded by the court registry
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