Sameer vs State Of Kerala
2024 Latest Caselaw 31952 Ker

Kerala High Court

Sameer vs State Of Kerala on 7 November, 2024

CRL.REV.PET NO. 824 OF 2016          1

                                                    2024:KER:82776
             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR

   THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946

                   CRL.REV.PET NO. 824 OF 2016

     AGAINST THE ORDER/JUDGMENT DATED IN CRA NO.496 OF 2015 OF

SESSIONS COURT, KOZHIKODE ARISING OUT OF THE ORDER/JUDGMENT DATED

IN SC NO.232 OF 2014 OF SESSIONS COURT, KOZHIKODE

REVISION PETITIONER/APPELLANT/ACCUSED:

          SAMEER
          AGED 27 YEARS
          AGED 27/16 YEARS, S/O. MOHAMMED, KULATHUMPADIKKAL
          HOUSE, CHOORAKANDY DESOM, CHUNGATHARA, NILAMBUR TALUK,
          MALAPPURAM DISTRICT.


          BY ADVS.
          SRI.P.SAMSUDIN
          SRI.K.C.ANTONY MATHEW
          SRI.JITHIN LUKOSE




RESPONDENT/RESPONDENT/STATE:

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



OTHER PRESENT:

          Smt.Maya.M.N., P.P.


     THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 07.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.REV.PET NO. 824 OF 2016             2

                                                             2024:KER:82776
                        C.PRATHEEP KUMAR, J
                    -------------------------------------
                       Crl.R.P.No.824 of 2016
                    --------------------------------------
                 Dated this the 7th day of November, 2024

                                ORDER

This criminal revision petition has been preferred by the

appellant in Crl.Appeal No.496/2015 on the files of the Sessions

Court, Kozhikode (Marad Cases) against the judgment dated

05.03.2016 allowing the said appeal in part sustaining the

conviction under Section 55(a) of the Abkari in S.C.No.232/2014

and sentencing him to undergo simple imprisonment for six

months and to pay a fine of Rs.1,00,000/-.

2. The prosecution case is that on 18.10.2012 at

about 9.00 p.m, the accused was found carrying 196.2 litres of

Indian made foreign liquor, having permission to sell only within

the limits of Mahe, in a Maruti Alto Car bearing Registration No.KL-

10/AF 3080.

3. The trial court found him guilty under Section

55(a) of the Abkari Act and sentenced him to undergo rigorous

imprisonment for five years and to pay a fine of Rs.1,00,000/-. In

appeal, the Sessions Judge, Kozhikode reduced the sentence to

simple imprisonment for six months and to pay a fine of

2024:KER:82776 Rs.1,00,000/-.

4. At the time of argument, Sri.P.Samsudin, learned

Counsel for the revision petitioner submitted that there is no other

criminal cases against the petitioner and that since the contraband

involved is only Indian made foreign liquor, he prayed for taking a

lenient view in favour of the revision petitioner.

5. After verification, the learned Public Prosecutor

submitted that there is no other criminal cases against the revision

petitioner.

6. Considering the fact that there is no other

criminal cases against the petitioner and the contraband involved

is Indian made foreign liquor, I am inclined to take a lenient view

in favour of the revision petitioner.

7. Considering the above facts, I hold that the

substantive sentence of imprisonment can be reduced to simple

imprisonment for three months and the default sentence can be

reduced to simple imprisonment for one month.

8. In the result, this criminal revision petition is

allowed in part as follows:

While sustaining the conviction, the sentence is reduced

to simple imprisonment for three months and to pay a fine of

Rs.1,00,000/-. In case of default of payment of fine, he shall

2024:KER:82776 undergo simple imprisonment for one month.

sd/

C.PRATHEEP KUMAR JUDGE

jm/