IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 Crl.Rev.Pet.No. 500 of 2008() ----------------------------- CRA.123/2005 of SESSIONS COURT, TRIVANDRUM .................... REVN. PETITIONER: APPELLANT ----------------------------------------------------- THANKAPPAN, C.NO.9048, CENTRAL PRISON, THIRUVANANTHAPURAM BY ADV. SRI.D.AJITHKUMAR RESPONDENTS: RESPONDENT ----------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR. BY PUBLIC PROSECUTOR SRI.P.RAVEENDRA BABU THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 04/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.500 of 2008 = = = = = = = = = = = = = = Dated this the 2 nd day of June, 2008 ORDER In this revision preferred from the Central Prison, Thiruvananthapuram, the revision petitioner seeks concurrence of the sentence of imprisonment under Section 427 Cr.P.C. awarded to him in three cases, namely, S.C.No.515 of 2004 on the file of the Assistant Sessions Court, Neyyattinkara as modified in Crl.Appeal No.828 of 2005 on the file of the Sessions Court, Thiruvananthapuram, in S.C.No.1243 of 2004 of the Assistant Sessions Court, Neyyattinkara as confirmed in Crl.Appeal No.829 of 2005 on the file of Sessions Court, Thiruvananthapuram and in S.C.No.794 of 2003 of Assistant Sessions Court, Neyyattinkara as modified in Crl.Appeal No.123 of 2005 on the file of the Sessions Court, Thiruvananthapuram. All the three cases were prosecuted under the Kerala Abkari Act. 2. In S.C.No.515 of 2004, the petitioner was found in possession of 8 litres of illicit arrack with a glass tumbler Crl.R.P.No. 500 of 2008 2 meant for retail sale on 7.06.01. In that case, the Sessions Court on appeal reduced the sentence of rigorous imprisonment for 3 years to 2 years, but confirmed the sentence to pay fine of Rs. one lakh. In S.C.No.1243 of 2004, the petitioner was found in possession of 9 litres of illicit arrack and a glass tumbler for retail sale on 17.07.2001. The sentence of rigorous imprisonment for two years and to pay fine of Rs.one lakh imposed on him was confirmed in appeal. In S.C.No.794 of 2003, the petitioner was found in possession of 2½ litres of illicit arrack on 08.09.1997. Here also the sentence of rigorous imprisonment for three years was reduced to two years on appeal before the Sessions Court. Altogether the petitioner has to undergo 6 years rigorous imprisonment in all the three cases besides his liability to pay the fine amount and to undergo default sentence in the event of non payment of the fine. 3. The fact that the petitioner is aged 65 years cannot be a ground for giving him concurrency in the sentence under Section 427 Cr.P.C. Having regard to the facts of each case, Crl.R.P.No. 500 of 2008 3 he was found selling illicit arrack in large quantities after 3.6.1997, with effect from which date, possession, sale, manufacture and distribution of arrack has been totally banned in the State. This noxious substance has already ruined several families. Considering the delirious effect of arrack on the human system, I am not inclined to give concurrency to the petitioner. Accordingly, this petition is dismissed. V. RAMKUMAR, JUDGE sj