Full Judgment Text
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 716 OF 2010
[arising out of SLP(CRL.) No. 171 of 2010]
DHARMAN ..... APPELLANTS
VERSUS
STATE OF KERALA ..... RESPONDENT
O R D E R
1. Leave granted.
2. The instant appeal is directed against the
th
judgment and order dated 8 April, 2009 rendered in
Criminal Appeal No. 340 of 2002 by the High Court of
Kerala at Ernakulam by which the conviction and
sentence of the appellant recorded under Section 55(1)
of the Abkari Act has been set aside . The conviction
under Section 55(a) of the said Act was maintained and
was sentenced to rigorous imprisonment for one year and
fine of Rs. 1 lakh and in default rigorous imprisonment
for six months.
3. This Court has heard the learned counsel for the
parties. In view of the concurrent findings of fact,
this Court is not inclined to interfere with the
conviction of the appellant recorded under Section
55(a) of the Act. However, as far as sentence is
concerned, the appellant has averred that he is a poor
man and not able to pay fine of Rs. 1 lakh and
therefore, the sentence imposed on him in default of
fine be reduced suitably.
4. Having regard to the facts of the case and the
fact that the appellant has already undergone four
months of the sentence imposed on him for commission of
offence under Section 55(a) of the Act and that the
default sentence imposed on him be reduced as he is not
in a position to pay Rs. 1 lakh fine imposed on him,
this Court has heard the learned counsel for the
parties.
5. The record shows that the appellant was
intercepted and found transporting four bottles of
750ml each and five bottles of 180ml each of Indian
Made Foreign Liquor kept in polythene bag. The fact
that the appellant is poor is not disputed before this
Court. The record further shows that on June 17, 2009
the appellant had donated one kidney as a result of
which he frequently complains about weakness and
recurrent urinary infection. Having regard to the
feeble health of the appellant, this Court is of the
opinion that interest of justice would be served if the
appellant is sentenced to imprisonment to that which he
has already undergone and default sentence imposed on
him is reduced to one month for commission of offence
punishable under Section 55(a) of the Act.
6. For the foregoing reasons, the appeal partly
succeeds, the conviction of the appellant under Section
55(a) of the Abkari Act is maintained. However, the
appellant is sentenced to imprisonment already
undergone whereas default sentence of six months
imposed him is reduced to one month.
Subject to above modification, the appeal stands
disposed of.
..................J
[J.M. PANCHAL
..................J
[DR. B.S. CHAUHAN]
NEW DELHI
APRIL 01, 2010.