Sentence Reduction in Kerala Abkari Act Case: Supreme Court’s Judgment
The case of Lalichan vs. State of Kerala centers around the conviction of the appellant under the Kerala Abkari Act for illegal possession of liquor. The appellant was sentenced to one year of simple imprisonment and a fine of Rs. 1,00,000 under Section 8(2) of the Kerala Abkari Act and Rs. 5000 under Section 63 of the Act. The Supreme Court, after reviewing the case, modified the sentence, reducing the imprisonment to the time already undergone, while confirming the fine imposed by the trial court and high court.
Background of the Case
The appellant, Lalichan, was arrested after an excise raid on 8th January 2011. The excise inspector discovered that the appellant was in possession of 4.5 liters of arrack and 3.750 liters of Indian Made Foreign Liquor, which was in violation of the Kerala Abkari Act. He was subsequently charged and convicted under Sections 8(2) and 63 of the Kerala Abkari Act.
The trial court convicted Lalichan and sentenced him to one year of imprisonment and a fine. The appellant appealed the decision in the Kerala High Court, which upheld the conviction but reduced the imprisonment to nine months while maintaining the fine. The appellant then filed a Special Leave Petition in the Supreme Court, seeking a reduction in the sentence.
Petitioner’s Arguments
The appellant argued that:
- The sentence of one-year imprisonment imposed by the trial court was excessive, especially considering that he had already been in custody for thirty-five days.
- The fine of Rs. 1,00,000 was disproportionate to the quantity of liquor involved and should be reconsidered.
Respondent’s Arguments
The respondent, State of Kerala, contended that:
- The appellant had committed a serious violation of the Kerala Abkari Act, and the sentence imposed was justified given the quantity of contraband seized.
- The fine was in accordance with the law, and there was no reason to reduce it.
Supreme Court’s Observations and Ruling
The Supreme Court, after considering the submissions of both parties, made the following key observations:
1. Consideration of the Appellant’s Custody
The Court acknowledged that the appellant had already spent thirty-five days in custody:
“Considering the gravity of the offense and the period of imprisonment already undergone by the appellant, we believe that justice will be served if the sentence is reduced to the time already spent in custody.”
Therefore, the Court modified the sentence to the period already undergone by the appellant.
2. Upholding the Fine Imposed
The Court ruled:
“We find no reason to reduce the penalty imposed by the trial court, as confirmed by the High Court. The fine is proportionate to the offense and should be maintained.”
The fine of Rs. 1,00,000 was confirmed, with the appellant being directed to pay the amount within four weeks if it had not already been paid.
3. Modification of the Sentence
The Court modified the judgment as follows:
“The sentence imposed in the judgment of the trial court dated 22.11.2013, as modified by the High Court on 25.01.2017, stands modified to the extent of reducing the imprisonment to the period already undergone by the appellant.”
As a result, the appellant was acquitted of the additional time in prison, though the fine remained unchanged.
Conclusion
The Supreme Court’s decision highlights its approach to balancing the severity of punishment with the circumstances of the case. While the appellant’s conviction under the Kerala Abkari Act was upheld, the Court recognized the time he had already served and adjusted the sentence accordingly. The fine imposed by the trial court was deemed appropriate and was not reduced.
This case emphasizes the importance of judicial discretion in sentencing and the Court’s role in ensuring that sentences are both just and proportional to the offense committed.
Petitioner Name: Lalichan.Respondent Name: State of Kerala.Judgment By: Justice Abhay Manohar Sapre, Justice R. Subhash Reddy.Place Of Incident: Kerala.Judgment Date: 07-01-2019.
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