LexSANTOSH @ SANTOSH KUMAR versus STATE OF KERALA
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SANTOSH @ SANTOSH KUMAR
v.
STATE OF KERALA
(Criminal Appeal No. 1409 of 2018)
NOVEMBER 16, 2018
[ABHAY MANOHAR SAPRE AND INDU MALHOTRA, JJ.]
Kerala Abkari Act
s. 55(a) and (1) – Prosecution u/s. 55(a) – Of appellant-
accused alongwith other co-accused – Trial court acquitting one
co-accused, convicted the appellant-accused and another co-
accused – They were sentenced to RI for five years and fine of Rs.
one lakh with default clause – High Court upheld the conviction,
but reduced the sentence of RI from five years to three years –
Imposition of fine of Rs. one lakh was maintained – Appeal to
Supreme Court – Notice was issued only confined to issue of sentence
– Held: Appellant’s case falls under clause (a) of s. 55 – Therefore,
it is governed by s. 55(1) – As per s. 55(1) jail sentence may vary
and extend upto ten years, but so far as fine is concerned minimum
amount of Rs. one lakh is mandatory – However, the court has
discretion to impose fine more than Rs. one lakh – In the facts of the
case, appellant has made out a case for interference in the quantum
of sentence awarded by High Court – Sentence is reduced to the
period already undergone i.e. 1 year 3 months – Amount of fine is
enhanced to Rs. one lakh fifty thousand – Sentence/Sentencing.
Allowing the appeal, the Court
HELD: 1. Appellant’s case falls under clause (a) of s. 55 of
Abkari Act, therefore, it is governed by Section 55 (1) of the
Abkari Act. From a mere reading of Section 55 (1), it is clear that
insofar as the jail sentence is concerned, it may vary and extend
up to 10 years depending upon the facts of each case, but insofar
as the fine amount is concerned, the Court has to impose the
minimum amount of Rs. one lakh. It is, therefore, mandatory for
the Court to impose a fine while awarding jail sentence and
secondly, it cannot be less than Rs. one lakh. However, the Court
[2018] 13 S.C.R. 1183
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SUPREME COURT REPORTS
[2018] 13 S.C.R.
has discretion to impose fine more than Rs. one lakh depending
upon the facts of each case. [Paras 15, 16 and 17][1186-C-E]
2. Keeping in view the facts that the incident in question is
of the year 2007; the appellant has undergone jail sentence of 1
year 3 months out of three years total period of jail sentence
awarded by the High Court; the appellant was never involved in
any criminal activity except the case at hand; and out of three
accused, one was given the benefit of doubt, the Court is of the
considered opinion that the appellant has made out a case for
interference in the quantum of sentence awarded to him by the
High Court. [Para 19][1186-F-G]
3. The appellant is now awarded jail sentence of “already
undergone”. However, so far as the fine amount of Rs. one lakh
imposed by the Courts is concerned, it is modified and accordingly
enhanced from Rs. One Lakh to Rs. One Lakh Fifty Thousand
(Rs.1,50,000/-). On failure to deposit the enhanced fine amount,
the appellant will have to undergo one more year of jail sentence.
[Para 20][1187-A-B]
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal
No. 1409 of 2018
From the Judgment and Order dated 13.06.2016 of the High Court
of Kerala at Ernakulam in Crl.A. No. 1837 of 2010.
Shinoj K.Narayanan, K. Rajeev, Advs. for the Appellant.
Vipin Nair, P. B. Suresh, Anshumaan Bahadur Advs. for the
Respondent.
The Judgment of the Court was delivered by
ABHAY MANOHAR SAPRE, J. 1. Leave granted.
2. This appeal is filed against the final judgment and order dated
13.06.2016 passed by the High Court of Kerala at Ernakulam in Crl. A.
No.1837 of 2010 whereby the High Court allowed the appeal in part by
maintaining the conviction but reducing the sentence imposed on the
appellant herein by order dated 13.09.2010 passed by the Additional
Sessions Court(Adhoc-1), Palakkad in Sessions Case No.221 of 2009.
3. Few facts need to be mentioned for disposal of this appeal,
which involves a short question.
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4. The appellant along with two others were prosecuted for
commission of an offence punishable under Section 55 (a) of the Abkari
Act enacted by the State of Kerala in Sessions Case No.221/2009 in the
Court of Additional Sessions Judge, Palakkad.
5. By order dated 13.09.2010, the Sessions Judge acquitted
Accused No. 3 but convicted the appellant herein (Accused No. 2) and
Accused No.1 and sentenced them to undergo rigorous imprisonment
for five years and a fine of Rs.1 lakh and in default of payment of fine,
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