In this criminal appeal, the High Court reduced the penalty imposed on an appellant, who was a surety, from Rs.50,000 to Rs.20,000 considering her deserted condition, despite her failure to show cause.
The penalty imposed on the appellant is reduced from Rs.50,000 to Rs.20,000 to be deposited within two months.
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 R. NARAYANA PISHARADI
MONDAY, THE 13TH DAY OF JANUARY 2020 / 23RD POUSHA, 1941
CRL.A.No.22 OF 2020
AGAINST THE ORDER/JUDGMENT IN SC 99/2015 DATED 04-07-2018 OF SPECIAL COURT (NDPS ACT CASES), VADAKARA
CRIME NO.23/2008 OF Nadakkavu Police Station , Kozhikode
APPELLANT/S:
KIZHAKKAYIL KHADEEJA AGED 35 YEARS
W/O. MANAF, PULIKKAL KUNNEL HOUSE, THALAYAD P O, KOZHIKODE-673574.
BY ADV. SRI.NIDHI BALACHANDRAN
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PINCODE-682031.
2 MANAF @ MANNU, S/O. ABDULLA, PULIKKAL KUNNEL HOUSE, THALAYAD P O, KOZHIKODE-673574.
SRI AJITH MURALI - PUBLIC PROSECUTOR
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 13.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.A.No.22 OF 2020 2
JUDGMENT
The appellant is one of the sureties of the accused in the case S.T. No.99/2015 on the file of the Special Court for the trial of NDPS Act Cases, Vadakara.
CRL.A.No.22 OF 2020 3
CRL.A.No.22 OF 2020 4
Sd/-
R. NARAYANA PISHARADI
JUDGE
SMS
1 issue framed by the court
Whether the penalty imposed on a surety for the default of the accused can be reduced on the ground of her deserted condition.
Kizhakkaeil Khadeeja
State of Kerala
R. Narayana Pisharadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
