Biju v. State
Case brief
What is this about?
Kerala High Court allowed criminal appeal in partial. Conviction under Section 9 reversed due to lack of notification for prohibited area. Offence altered from Section 55(a) to Section 63 for possession of state liquor. Fine reduced to Rupees 5,000.
What did the court decide?
Conviction under Section 9 reversed; conviction under Section 55(a) altered to Section 63; sentence altered to fine of Rupees 5,000 or simple imprisonment for two months in default.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
THURSDAY, THE 21ST DAY OF MAY 2015/31ST VAISAKHA, 1937
CRL.A.No. 827 of 2005 ( )
AGAINST THE JUDGMENT IN SC 294/2002 of ADDITIONAL DISTRICT COURT (ADHOC) FAST TRACK COURT-I, PATHANAMTHITTA
APPELLANT(S)/ACCUSED.:
BIJU, S/O.MURALEEDHARAN NAIR, PRIYA BAHVANAM, KARAKULAM VILLAGE, NEDUMANGADU TALUK.
BY ADV. SRI.D.KISHORE
RESPONDENT(S)/STATE AND COMPLAINANT.:
1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
Issues for consideration
2 issues framed by the court
Whether conviction under Section 9 of the Kerala Abkari Act requires the prosecution to produce a notification declaring the area prohibited.
Whether possession of excess quantity of Indian-made foreign liquor purchased from the Kerala State Beverages Corporation constitutes an offence under Section 55(a) or Section 63 of the Act.
Parties & counsel
- appellant
BIJU
- respondent
STATE OF KERALA
Coram
P. UBAID
Case details
As recorded by the court registry
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