High Court Kerala High Court

B.Sundaran vs State Of Kerala on 30 May, 2007

Kerala High Court
B.Sundaran vs State Of Kerala on 30 May, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL A No. 1061 of 2002()


1. B.SUNDARAN, SON OF BELLAN, 48/99,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.A.P.CHANDRASEKHARAN (SR.)

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.THANKAPPAN

 Dated :30/05/2007

 O R D E R
                                K.THANKAPPAN, J.

                        --------------------------------------------

                        CRL. APPEAL  NO. 1061 OF 2002

                        --------------------------------------------


                       Dated this the 30th day of May,  2007


                                      JUDGMENT

This appeal is filed against the judgment in Sessions Case No.334 of

1999 on the file of the Additional Sessions Court (Ad hoc – I), Kasaragod.

By the impugned judgment, the appellant – accused was found guilty under

Section 55(a) of the Abkari Act, he was convicted thereunder and

sentenced to under rigorous imprisonment for a period of three years and

to pay a fine of Rs.1,00,000/- and in default of payment of fine, to undergo

rigorous imprisonment for a further period of one year.

2. The prosecution case against the appellant was that on 21.5.1999

at 6.30 p.m., he was found in possession of 25 packets each containing

100 ml. of Karnatataka made arrack without any license or permit under

the provisions of the Abkari Act. He was arrested at the spot by PW.4,

the Sub Inspector of Police, Badiadka who detected the crime,

investigated the case and laid the final charge. PWs.1 and 3 were the

attesting witnesses to Ext.P1 seizure mahazar and Ext.P2 scene mahazar

CRL.APPEAL NO.1061/2002 2

respectively. PW.2 was the police constable who had accompanied PW.4

at the time of detection of the crime. PWs.2 and 4 deposed that they had

seen the appellant coming along the road with the contraband articles and

that on seeing them he tried to escape from the place. On preparing

Exts.P1 and P2, the contraband articles were seized from the appellant,

samples were taken and sent for chemical analysis. Ext.P5 is the chemical

analysis report which showed that the sample contained alcohol more than

the minimum prescribed for possession by an individual. The court below

relied on the evidence of PWs.1 to 4 and found that the prosecution

succeeded in proving the case against the appellant.

3. Heard the learned counsel appearing for the appellant as well as

the learned Public Prosecutor. After considering the entire evidence, this

Court is of the view that the finding entered by the court below is based on

evidence and the impugned judgment requires no interference.

4. Learned counsel appearing for the appellant submits that the

appellant was found guilty as per judgment dated 26.10.2002 and he was

committed to prison on that day itself. Appeal was filed on 21.11.2002

and this Court suspended the execution of sentence and ordered to release

the appellant on his executing a bond for Rs.15,000/- with two solvent

CRL.APPEAL NO.1061/2002 3

sureties each for the like amount to the satisfaction of the court below. As

the appellant was not in a position to execute the bond ordered by this

Court, he was not released on bail. The period of imprisonment ordered

against the appellant including the sentence of imprisonment for default of

payment of fine was four years. The said period of four years was over

on 25.10.2006. Hence, it is not proper for the jail authorities to keep the

appellant in jail after the expiry of the period of imprisonment.

The Crl. Appeal is accordingly dismissed, confirming the conviction

and sentence ordered by the court below. A copy of this judgment shall

be communicated to the Additional Sessions Court (Ad hoc -I), Kasaragod

at the earliest.

(K.THANKAPPAN, JUDGE)

sp/

CRL.APPEAL NO.1061/2002 4

K.THANKAPPAN, J.

CRL.A.NO.1061/2002

JUDGMENT

30TH MAY, 2007