Sadasivan v. State
Case brief
What is this about?
The High Court set aside the conviction under Section 55(a) of the Abkari Act for possessing 196 packets of arrack, ruling that mere possession without authority attracts Section 8 instead. The court re-sentenced the appellant under Section 8.
What did the court decide?
Conviction under Section 55(a) set aside; appellant convicted under Section 8 of the Abkari Act; sentenced to imprisonment for two months and fine of Rs.1 lakh.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.D.RAJAN
TUESDAY, THE 1ST DAY OF MARCH 2016/11TH PHALGUNA, 1937
CRL.A.No. 1560 of 2004 (C)
AGAINST THE JUDGMENT IN SC 894/2000 of ADDL.SESSN.COURT (ADHOC-II) KASARAGODE DATED 24-08-2004
AGAINST THE JUDGMENT IN CP 92/2000 of J.M.F.C.,KASARAGOD DATED 06-082000
APPELLANT/ACCUSED:
SADASIVAN, AGED 32, S/O. KUNHIRAMAN, SANTHINAGAR, KARADUKA VILLAGE.
BY ADV. SRI.I.V.PRAMOD
RESPONDENT/COMPLAINANT:
STATE - REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PP DHANESH MATHEW MANJOORAN
Issues for consideration
3 issues framed by the court
Whether the conviction under Section 55(a) of the Abkari Act should be set aside due to a discrepancy between the quantity seized and the charge.
Whether the reconstruction after seizure of arrack attracts Section 8 or Section 55(a) of the Abkari Act.
Whether the delay in production of seized articles vitiates the chain of custody.
Parties & counsel
- appellant
SADASIVAN
- respondent
STATE
Coram
P.D.RAJAN
Case details
As recorded by the court registry
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