PAUL KURIAKOSE Vs. THE EXCISE INSPECTOR AND ORS.
SUPREME COURT OF INDIA (FROM: KERALA)
The Excise Inspector And Ors.
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(1.) Heard the parties. Leave granted.
(2.) This appeal is directed against final judgment and order dated 25.11.2015 whereby the High Court of Kerala at Ernakulam has dismissed Criminal Appeal No.34/2006 preferred by the appellant by confirming his conviction for the offence under Section 55(a) of the Abkari Act. However, the High Court granted a limited relief by reducing the sentence of rigorous imprisonment for a period of five years to that for a period of three years and also by reducing the amount of fine of Rs.5 lacs to Rs.1 lac with a default clause of six months simple imprisonment.
(3.) Having heard the learned counsel for the rival parties and on perusal of relevant materials on record including the judgment under appeal, we find that the High Court was correct in affirming the conviction because right from the initial stage when the car of the appellant was searched leading to recovery of 450 litres of spirit which on analysis was found to be 80.70 per cent by volume of Ethyl Alcohol, the prosecution has proved all the necessary ingredients of the offence in question by adducing reliable evidence.;
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