Rankarajan.T.N vs State Of Kerala
2024 Latest Caselaw 5619 Ker

Kerala High Court

Rankarajan.T.N vs State Of Kerala on 16 February, 2024

Author: P.Somarajan

Bench: P.Somarajan

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MR. JUSTICE P.SOMARAJAN
     FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
                   CRL.REV.PET NO. 727 OF 2015
AGAINST THE ORDER/JUDGMENT DATED 12.05.2015 IN CRA 164/2014 OF THE
                    SESSIONS COURT, KOZHIKODE
  AGAINST THE ORDER/JUDGMENT DATED 22.02.2014 IN SC 479/2012 OF
          ADDITIONAL ASSISTANT SESSIONS COURT, KOZHIKODE


REVISION PETITIONER/APPELLANT/ACCUSED:

          RANKARAJAN.T.N.,
          AGED 44 YEARS,
          S/O. GOVINDAN, THAZHATH NANGOLATH HOUSE,
          (AZHATH NANGELATH HOUSE), CHEVAYOOR P.O., M.L.A ROAD,
          KOVOOR, KOZHIKODE TALUK, KOZHIKODE DISTRICT.
          BY ADVS.
          SRI.P.S.SREEDHARAN PILLAI
          SRI.ARJUN SREEDHAR
          SRI.ARUN KRISHNA DHAN
          SRI.T.K.SANDEEP


RESPONDENT/RESPONDENT/COMPLAINANT & STATE:

          STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, ERNAKULAM -682 031.


          PP SRI SANAL P RAJ


     THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.REV.PET NO. 727 OF 2015

                                        2


                                     ORDER

The accused kept some Indian made foreign liquor

to celebrate the annual festival along with his

friends. But the Excise Inspector caught him with the

Indian made foreign liquor with a glass and bottle of

water and registered offence punishable under Section

55(a) and (i) of the Abkari Act. There is no evidence

to show that he has engaged in sale of Indian made

foreign liquor except that he was having a glass and

a bottle of water. Necessarily, it would fall under

the purview of criminal liability punishable under

Section 63 of the Act since the quantity is 4.125

litres. The concurrent findings rendered by both the

courts below by fastening criminal liability for the

offence under Section 55(a) and (i) cannot be

sustained, hence will stand set aside. The revision

petitioner/accused is found guilty of Section 63 of

the Act and he is convicted thereunder and sentenced

to fine amount of Rs.5,000/- (Rupees Five Thousand

only), in default to undergo simple imprisonment for

two months. He is acquitted of the offence under CRL.REV.PET NO. 727 OF 2015

Section 55(a) and (i) of the Abkari Act. He shall

appear before the trial court to receive the sentence

within two months from today.

The Criminal Revision Petition will stand allowed

accordingly.

Sd/-

P.SOMARAJAN JUDGE msp