Partly allowed

Njanadurai v. State of Kerala

Kerala HC8 Jul 2021CRL.A/1311/2006

Case brief

AI extract

What is this about?

High Court allowed criminal appeals against conviction under Section 55 of Kerala Abkari Act for excessive possession of IMFL. Conviction downgraded to Section 63 due to lack of evidence regarding transportation. Sentences reduced from one year to two weeks.

What did the court decide?

Conviction downgraded to Section 63; imprisonment reduced to two weeks; fine Rs.5,000 each with set-off.

Njanadurai Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2021)

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[CRL.A Nos.1209/2006, 1311/2006] 1

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.SOMARAJAN

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THURSDAY, THE 8^TH DAY OF JULY 2021 / 17TH ASHADHA, 1943

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CRL.A NO. 1209 OF 2006

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AGAINST THE ORDER/JUDGMENT IN SC 323/2005 OF ADDITIONAL SESSIONS COURT (ADHOC)-II, THODUPUZHA

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APPELLANT/2nd ACCUSED:

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AJI, S/O.KRISHNANKUTTY, MATHIRAMPILLIL, ELLAKALLU KARA,, KUNCHITHANNI VILLAGE.

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BY ADV SRI.ELVIN PETER P.J.

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RESPONDENTS:

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

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2 THE SUB INSPECTOR OF POLICE RAJAKKADU POLICE STATION.

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BY ADV PUBLIC PROSECUTOR SRI.E.C.BINEESH

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THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 08.07.2021, ALONG WITH CRL.A.1311/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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[CRL.A Nos.1209/2006, 1311/2006] 2

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.SOMARAJAN

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THURSDAY, THE 8^TH DAY OF JULY 2021 / 17TH ASHADHA, 1943

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CRL.A NO. 1311 OF 2006

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AGAINST THE ORDER/JUDGMENT IN SC 323/2005 OF ADDITIONAL SESSIONS COURT (ADHOC)-II, THODUPUZHA, IDUKKI

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APPELLANT/1ST ACCUSED:

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NJANADURAI,S/O.BHAGYANADAR, PARACKAL VEEDU, 20TH ACREKARA, BAISONVALLEY VILLAGE.

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BY ADV SRI.N.A.MURALEEDHARAN

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RESPONDENT/COMPLAINANTS:

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

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BY ADV PUBLIC PROSECUTOR SRI.E.C.BINEESH

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THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 08.07.2021, ALONG WITH CRL.A.1209/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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[CRL.A Nos.1209/2006, 1311/2006] 3

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JUDGMENT

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These two appeals are preferred by the respective

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accused No.1 and 2 against the conviction under Section

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55(a) and (h) of the Kerala Abkari Act and the

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punishment thereof to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,00,000/- each. It

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is inter alia submitted that what is forwarded for chemical analysis is only a permissible quantity of Indian made Foreign Liquor and relied on the decision rendered in Krishnankutty v. State of Kerala (2005 (3) 568). It was subsequently overruled by a larger Bench

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in Chandran v. State of Kerala (2008 (2) KLT 513) .

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Hence the said contention will not stand.

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The accused No.1 found in possession of 49

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bottles of IMFL and accused No.2 found in possession of 29 bottles of IMFL. Chemical analysis report reveals

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that it is having the characteristic of foreign liquor. No purchase bill or invoice produced by accused No.1 and

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On the other hand, they were found in possession of more than the permissible quantity. It was not brought

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out whether it was transported from outside Kerala. As

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[CRL.A Nos.1209/2006, 1311/2006] 4

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such, the finding of guilt under Section 55(a) and (h) of the Abkari Act and the conviction thereunder will not stand. The offence would fall under Section 63 of the

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Abkari Act and both the accused are found guilty under the said offence and sentenced to undergo simple imprisonment for a period of two weeks and to pay a fine amount of Rs.5,000/- (Rupees five thousand) each, in default to undergo simple imprisonment for another six months. They are entitled to set off the period of detention already undergone.

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Both the criminal appeals are allowed in part

accordingly.

Sd/-

P.SOMARAJAN

JUDGE

msp

Njanadurai v. State of Kerala

Case brief

What is this about?

What did the court decide?

Njanadurai v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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