IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1173 OF 2010

ANANDAN

APPELLANT

VS.

STATE OF KERALA

RESPONDENT

O R D E R

The present appeal arises from a conviction sentencing the

appellant to seven years imprisonment with fine of Rs.1,00,000/-

under Section 55(a) of the Akbari Act for transportation of spirit

illegally. The High Court reduced the sentence to a period of

three years.

Learned counsel for the appellant referring to the evidence of

PW-8 submits that the appellant was only a temporary cleaner of the

Truck. It is next submitted that therefore, he was unaware of the

fact that spirit was being transported in a concealed cavity of the

truck. Disputing his arrest at the time of checking of the vehicle

it is submitted that PWs. 3 & 4, the independent witnesses have

also turned hostile.

Learned counsel for the State has submitted that any minor

contradiction in the evidence of the official witness is

irrelevant. No animosity has been alleged against the official

witness for false implication.

We have considered the submission on behalf of the parties.

The appellant was the cleaner of the Truck. The driver who

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