IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 764 of 2002()
1. KUNJUMON, S/O.KUMARAN,
... Petitioner
Vs
1. STATE OF EKRALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.C.C.THOMAS
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :26/07/2007
O R D E R
K.R.UDAYABHANU, J
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Crl.R.P.No.764 of 2002
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Dated this the 26th day of July, 2007
O R D E R
The revision petitioner stands convicted for the offence
under Section 58 of the Abkari Act and sentenced to undergo
simple imprisonment for three months and to pay a fine of
Rs.15,000/- and in default, to undergo simple imprisonment for
two months.
2. The prosecution case is that the accused was found in
possession of three litres of illicit arrack on 12.9.1995 at 5.30 p.m.
Counsel for the revision petitioner has only pleaded for
modification of the sentence pointing out that more than two
years have elapsed since the commencement of the proceedings
and so far the accused has been facing the ordeal of the criminal
proceedings.
3. In the circumstances, the sentence is modified to
imprisonment till the rising of the court and to pay a fine of
Rs.15,000/- which is the minimum sentence then, less the amount
if any deposited, and in default, to undergo simple imprisonment
CRL.R.P.NO.764/2002 Page numbers
for three months. Revision petitioner is granted two months’ time
from today onwards to remit the fine amount. Revision petitioner
shall appear before the Judicial First Class Magistrate Court-I,
Alappuzha on 28.9.2007 to receive the sentence.
The criminal revision petition is disposed of accordingly.
K.R.UDAYABHANU,
JUDGE
csl