Reduction of Jail Term in Abkari Act Case: Supreme Court’s Ruling

The case of Santosh @ Santosh Kumar v. State of Kerala deals with the quantum of sentence awarded under the Kerala Abkari Act. The appellant, convicted for illegally storing spirit, had his sentence reduced by the Supreme Court based on various mitigating factors.

Background of the Case

The appellant, along with two others, was prosecuted under Section 55(a) of the Kerala Abkari Act for storing illegal spirit in 58 cans in a residential house and a parked car. The Sessions Court sentenced him to five years of rigorous imprisonment and a fine of ₹1,00,000. The Kerala High Court, while upholding the conviction, reduced the jail sentence to three years while maintaining the fine.

Arguments by the Petitioner

The petitioner, Santosh Kumar, contended that:

• The incident occurred in 2007, and a significant period had passed.
• He had already served 1 year and 3 months of his sentence.
• He had no prior criminal record.
• One of the co-accused was acquitted.

Arguments by the Respondent

The State opposed any further reduction in the sentence, arguing that:

• The offense under the Abkari Act was serious.
• Illegal liquor storage posed a public health risk.
• The punishment awarded was already lenient.

Observations by the Supreme Court

The Supreme Court considered the mitigating factors and held:

“Keeping in view the facts that the incident is of the year 2007; the appellant has undergone jail sentence of 1 year 3 months out of three years total period awarded by the High Court; the appellant was never involved in any criminal activity except the case at hand; and one of the co-accused was given the benefit of doubt, we are of the considered opinion that the appellant has made out a case for interference in the quantum of sentence awarded to him.”

Final Judgment

The Supreme Court modified the sentence as follows:

• The jail term was reduced to “already undergone.”
• The fine was enhanced from ₹1,00,000 to ₹1,50,000.
• Failure to pay the enhanced fine would result in an additional one-year imprisonment.

The ruling reaffirmed that courts may consider individual circumstances when modifying sentences while ensuring that the punitive aspect remains intact.

Petitioner Name: Santosh @ Santosh Kumar.
Respondent Name: State of Kerala.
Judgment By: Justice Abhay Manohar Sapre, Justice Indu Malhotra.
Place Of Incident: Palakkad, Kerala.
Judgment Date: 16-11-2018.

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Download Judgment: Santosh @ Santosh Ku vs State of Kerala Supreme Court of India Judgment Dated 16-11-2018.pdf