Njanadurai vs State Of Kerala
2021 Latest Caselaw 14327 Ker

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

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE P.SOMARAJAN
          THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
                               CRL.A NO. 1209 OF 2006
AGAINST THE ORDER/JUDGMENT IN SC 323/2005 OF ADDITIONAL SESSIONS COURT
                               (ADHOC)-II, THODUPUZHA
APPELLANT/2nd ACCUSED:

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

              BY ADV SRI.ELVIN PETER P.J.



RESPONDENTS:

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

      2       THE SUB INSPECTOR OF POLICE
              RAJAKKADU POLICE STATION.

              BY ADV PUBLIC PROSECUTOR SRI.E.C.BINEESH




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



                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE P.SOMARAJAN
          THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
                               CRL.A NO. 1311 OF 2006
AGAINST THE ORDER/JUDGMENT IN SC 323/2005 OF ADDITIONAL SESSIONS COURT
                          (ADHOC)-II, THODUPUZHA, IDUKKI
APPELLANT/1ST ACCUSED:

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

              BY ADV SRI.N.A.MURALEEDHARAN



RESPONDENT/COMPLAINANTS:

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

              BY ADV PUBLIC PROSECUTOR SRI.E.C.BINEESH




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



                                        JUDGMENT

These two appeals are preferred by the respective

accused No.1 and 2 against the conviction under Section

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

punishment thereof to undergo rigorous imprisonment for

one year and to pay a fine of Rs.1,00,000/- each. It

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

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

Hence the said contention will not stand.

2. The accused No.1 found in possession of 49

bottles of IMFL and accused No.2 found in possession of

29 bottles of IMFL. Chemical analysis report reveals

that it is having the characteristic of foreign liquor.

No purchase bill or invoice produced by accused No.1 and

2. On the other hand, they were found in possession of

more than the permissible quantity. It was not brought

out whether it was transported from outside Kerala. As

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

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.

Both the criminal appeals are allowed in part

accordingly.

Sd/-

P.SOMARAJAN JUDGE

msp