High Court Kerala High Court

Thankachan vs Excise Inspector on 27 July, 2007

Kerala High Court
Thankachan vs Excise Inspector on 27 July, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 1083 of 2000()



1. THANKACHAN
                      ...  Petitioner

                        Vs

1. EXCISE INSPECTOR, KUNNAMANGALAM
                       ...       Respondent

                For Petitioner  :SRI.ANIL THOMAS(T)

                For Respondent  : No Appearance

The Hon'ble MR. Justice J.B.KOSHY

 Dated :27/07/2007

 O R D E R

J.B. KOSHY, J.

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Crl.R.P. NO. 1083 of 2000

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Dated this the 27th day of July, 2007

Order

Appellant and his wife were charge-sheeted for

offences punishable under section 55 (a) of the Abkari

Act. While conducting a search in the unnumbered house

belonging to the first accused, which was possessed by

both accused together, on 1.10.1996 at about 4.00 p.m.,

37.5 litres of Indian made foreign liquor was found in 77

bottles. There was no licence to possess the same.

Both husband and wife were convicted by the trial court

and sentenced to undergo imprisonment for six months and

to pay a fine of Rs.25,000/- each. In appeal, the

appellate court acquitted the first accused. Even though

the house is in the name of the wife, first accused, the

revision petitioner, was actually dealing with the liquor

and he alone was convicted guilty and wife was acquitted.

Revision petitioner challenges the conviction and

sentence as far as he is concerned.

2. First contention raised is that the house

was under construction only. It is true that it was not

numbered, but, evidence would show that the liquor was

Crl.RP.1083/2000
: 2 :

found from the bed room of the house jointly possessed by

accused Nos.1 and 2. They were in joint possession, even

though the property was in the name of first accused.

Secondly, it was contended that samples were taken only

from 4 bottles which was labelled and sealed. Petitioner

had no case that except in four bottles, other bottles

were empty or it contained no liquor. All the 77 bottles

were sealed and labelled identically. Samples taken from

the four bottles show that it was Indian made foreign

liquor having alcoholic content of more than 41% per

volume. Ext.P3 confession statement also shows the

same. In the above circumstances, conviction on the

petitioner needs was no interference. The concurrent

conviction made under section 55 (a) of the Abkari Act is

confirmed. There is no perversity of finding or

illegality. Imposition of fine of Rs.25,000/- is the

minimum fine payable at that time. Imprisonment was also

compulsory. However, considering the fact that offence

was committed more than ten years ago and considering the

amount of fine imposed, I reduce the imprisonment from

six months to one month with right of set off. The

sentence is modified confirming the conviction. The

Crl.RP.1083/2000
: 3 :

imprisonment of six months is reduced to that of one

month with a fine of Rs.25,000/-. If fine is not paid,

he has to undergo default sentence of another one month.

The Crl.R.P. is allowed partly.

J.B.KOSHY
JUDGE

vaa

J.B. KOSHY, J.

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Crl.R.P. No.1083/2000

————————–

Order

Dated:27th July, 2007