IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 CRL.A.No. 2008 of 2003() ------------------------ SC.323/2001 of III ADDL. SESSIONS COURT (FAST TRACK COURT I), THRISSUR .................... APPELLANT(S): ACCUSED: ---------------------- SUBRAN, S/O. KAVALAN, ILAYICHAM HOUSE, MELOOR VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.RENJITH B.MARAR RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE KORATTY POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI TEK CHAND THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 22/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.Q. BARKATH ALI, J. --------------------------------------------- CRL. APPEAL 2008 OF 2003 --------------------------------------------- Dated: JUNE 22, 2009 JUDGMENT In this appeal, the accused in Sessions Case No.323/2001 of Fast Track Court No.1, Thrissur (III Additional Sessions Judge), challenges his conviction under sections 55(i) and 58 of the Abkari Act and sentence to undergo rigorous imprisonment for one year and to pay a fine of Rs.1 lakh, in default to undergo rigorous imprisonment for a further period of three months. 2. The case of the prosecution as shaped in evidence before the lower court was that the accused was found to be in possession of 2 litres of arrack and a glass tumbler which was intended for sale on March 7, 2000 at 7.30 p.m. near the house owned by one Varkey in Koratty Panchayath in Palappilly desom and that thereby committed the offences punishable under secs.55(h) and 58 of the Abkari Act. 3. The Judicial First Class Magistrate, Chalakudy took cognizance of the case as CP No. 48/2001 and committed the same to the Sessions Court, Thrissur by order dated June 25, 2001. The Sessions Court, Thrissur, initially made over the case to the Prl. Asst. Sessions Court, Irinjalakuda and thereafter CRL. APPEAL 2008/2003 2 withdrawn the same and made over to the trial court for disposal. When the appellant/accused appeared before the lower court, he pleaded not guilty to the charge under secs.55(i) and 58 of the Abkari Act. Pws.1 to 5 were examined and Exts.P1 to P9 were marked and Mos.1 and 2 were produced by the prosecution before the lower court. When questioned under sec.313 Cr.P.C., he denied having committed any offence. No evidence was adduced by the appellant. The lower court on an appreciation of evidence found the appellant guilty of the offence punishable under sections 55(i) and 58 of the Abkari Act and convicted and sentenced him as aforesaid. The appellant has challenged his conviction and sentence in this appeal. 4. When the appeal came up for hearing on June 18, 2009, the learned counsel for the appellant submitted that the appellant has already undergone the sentence imposed by the lower court including the default sentence. When the appeal came up for hearing today, the learned Public Prosecutor submitted that he has verified and found the same to be correct. Therefore, recording the above submission, the appeal is dismissed. P.Q. BARKATH ALI, JUDGE mt/-