Case Note & Summary
The Supreme Court heard an appeal against the judgment of the Kerala High Court which had upheld the conviction of the appellant under Section 55(a) of the Abkari Act but modified the sentence to two years simple imprisonment and a fine of Rs. 1,00,000, while setting aside the conviction under Section 309 IPC. The appellant was found in possession of 3000 litres of spirit stored in 86 cans in a rented house, along with co-accused, and was entrusted to deal with it on commission basis. The detection occurred on 12 June 1999. The trial court convicted the appellant under Section 55(a) and Section 309 IPC, sentencing him to three years imprisonment and fine. On appeal, the High Court reduced the sentence to two years and set aside the Section 309 conviction. The Supreme Court, after hearing counsel and perusing the evidence, found no reason to interfere with the conviction. However, considering that 23 years had passed since the incident and the appellant had no criminal antecedents, the Court modified the sentence to one year simple imprisonment while maintaining the fine of Rs. 1,00,000, with a default sentence of six months. The appellant was directed to surrender within four weeks to undergo the remaining sentence.
Headnote
A) Criminal Law - Abkari Act - Section 55(a) - Conviction - Possession and dealing with spirit - Appellant convicted for possession of 3000 litres of spirit stored in rented house - Conviction upheld by High Court and Supreme Court - Held that evidence of prosecution witnesses established guilt beyond reasonable doubt (Paras 5-9). B) Criminal Law - Sentence Modification - Long Pendency - No Criminal Antecedents - Supreme Court modified sentence from 2 years to 1 year simple imprisonment while upholding fine of Rs. 1,00,000 - Held that 23 years elapsed since incident and appellant had no criminal antecedents, warranting reduction in sentence (Paras 10-11). C) Criminal Law - Section 309 IPC - Attempt to Commit Suicide - Conviction set aside by High Court - Not challenged further - Held that conviction under Section 309 IPC was not pressed (Para 8).
Issue of Consideration
Whether the sentence imposed on the appellant under Section 55(a) of the Abkari Act should be modified considering the long pendency of the case and absence of criminal antecedents.
Final Decision
The Supreme Court upheld the conviction under Section 55(a) of the Abkari Act but modified the sentence to simple imprisonment of one year and fine of Rs. 1,00,000, in default of payment of fine, to undergo simple imprisonment of six months. The appeal was disposed of with direction to the appellant to surrender within four weeks.
Law Points
- Section 55(a) of Abkari Act
- Section 309 IPC
- Sentence modification
- Long pendency
- No criminal antecedents
