IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 CRL.A.No. 1152 of 2004() ------------------------ SC.236/2001 of 2001 OF ADDL.DISTRICT & SESSIONS JUDGE, FAST TRACK (ADHOC-II), KOZHIKODE) .................... APPELLANT(S): ACCUSED --------------------- SURESH, S/O.MADHAVAN NAMBIAR, ILLAPARAMBIL HOUSE, AVIDANALLUR AMSOM, POONATH DESOM. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, BALUSSERY POLICE STATION, REP: BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUOTR SRI AMJAD ALI. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 19/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------------- CRL.A. No.1152 of 2004 ---------------------------------------------- Dated, 19th January, 2009. JUDGMENT The above appeal is preferred by the accused challenging the judgment dated 11.3.2004 in S.C.No.236 of 2001 on the file of the court of Addl.District and Sessions Judge, Fast Track (Adhoc-II), Kozhikode, by which the accused is convicted under section 55(a) and (g) of the Abkari Act and sentenced him to undergo rigorous imprisonment for 1 ½ years and to pay a fine of Rs.1,00,000/-, and in default to undergo rigorous imprisonment for six months under section 55(a) of the Act. Under section 55(g) he is also convicted and sentenced to undergo rigorous imprisonment for 1 ½ years and to pay a fine of Rs. 1,00,000/-and in default of payment of fine , to undergo rigorous imprisonment for 6 months. 2. It is submitted that the appellant/accused has already undergone imprisonment, both substantial and default sentences, and thus the appeal itself has become -:2:- infructuous. As the counsel submitted that the appeal became infructuous, the same is dismissed as infructuous. V.K.MOHANAN, JUDGE kvm/-