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2000(7) Supreme 79
SUPREME COURT OF INDIA
G.B. Pattanaik & U.C. Banerjee, JJ.
Nellikunnel Jose -Appellant
versus
State of Kerala -Respondent
Criminal Appeal No. 447 of 2000
(Arising out of SLP (Crl.) No. 777 of 2000)
Decided on 8-5-2000
ORDER
Delay condoned.
2. Leave granted.
3. The only question that arises for consideration is whether on the finding that the accused-appellant was found to be near thelorry, can it be said that prosecution case under Section 55(a) of the Kerala Abkari Act has been proved beyond reasonable doubt?
4. In the impugned order, the High Court itself recorded a finding that the petitioner-accused was seen near the lorry and the presence of the revision-petitioner near the lorry, therefore, has been proved. On this finding, it is difficult to sustain the ultimate conclusion that the offence under Section 55(a) of the Act has been committed. Consequently, the conviction and sentence against the appellant cannot be sustained.
5. We, therefore, set aside the conviction and sentence recorded against the appellant and he is acquitted of the same. The appeal is allowed accordingly. The bail bonds stand cancelled.
Appeal allowed.
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