Back
2021 Supreme(Online)(KER) 40753
HIGH COURT OF KERALA
P.SOMARAJAN, J
NJANADURAI – Appellant
Versus
STATE OF KERALA – Respondent
CRL.A/1311/2006
SRI.ELVIN PETER P.J, SRI.N.A.MURALEEDHARAN, SRI.E.C.BINEESH
Possession of excess liquor constitutes an offense under Section 63 of the Abkari Act, validating the court’s authority to impose penalties accordingly.
Headnote:
Conviction - Abkari Act - Section 55, 63 - The court upheld the conviction under Section 63 of the Abkari Act, indicating that possession of liquor beyond permissible limits leads to sanctions despite prior judgments.
Fact of the Case:
The accused were convicted under Section 55(a) and (h) of the Kerala Abkari Act for possessing excessive quantities of Indian Made Foreign Liquor (IMFL) without purchase bills, with appeals contesting this conviction.
Finding of the Court:
The court found that the accused were in possession of more than the permissible quantity of liquor and upheld the conviction under Section 63 of the Abkari Act, which provided for lesser penalties.
Issues: Whether the conviction under Section 55(a) and (h) was justified, considering the amount of IMFL possessed and the lack of evidence on lawful purchase.
Ratio Decidendi: Possession of liquor beyond the permissible limit leads to conviction under Section 63 of the Abkari Act, irrespective of prior overruled judgments regarding permissible quantities.
Final Decision: The appeals were allowed in part; the conviction under Section 55 was set aside, and the accused were convicted under Section 63 with reduced penalties.
These two appeals are preferred by the respective accused No.1 and 2 against the conviction under Section 55 (a) and (h) of the Kerala Abkari Act and the punishment thereof to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,00,000/- each. It is inter alia submitted that what is forwarded for chemical analysis is only a permissible quantity of Indian made Foreign Liquor and relied on the decision rendered inKrishnankutty v. State of Kerala (2005 (3) 568). It was subsequently overruled by a larger Bench inChandran v. State of Kerala ( 2008 (2) KLT 513 ).
Hence the said contention will not stand.
2. The accused No.1 found in possession of 49 bottles of IMFL and accused No.2 found in possession of 29 bottles of IMFL. Chemical analysis report reveals that it is having the characteristic of foreign liquor. No purchase bill or invoice produced by accused No.1 and 2. On the other hand, they were found in possession of more than the permissible quantity. It was not brought out whether it was transported from outside Kerala. As such, the finding of guilt under Section 55 (a) and (h) of the Abkari Act and the conviction thereunder will not stand. The offence would fall under Section 63 of the Abkari Act and both the accused are found guilty under the said offence and sentenced to undergo simple imprisonment for a period of two weeks and to pay a fine amount of Rs.5,000/- (Rupees five thousand) each, in default to undergo simple imprisonment for another six months. They are entitled to set off the period of detention already undergone.
Both the criminal appeals are allowed in part accordingly.
