Supreme Court of India
Nellikunnel Jose vs State Of Kerala on 8 May, 2000
Equivalent citations: 2001(1)ALD(CRI)127, JT2000(8)SC260, (2001)10SCC198, AIR 2000 SUPREME COURT 3577(2), 2000 AIR SCW 3738, (2000) 3 EASTCRIC 949, (2001) SC CR R 217, 2001 (10) SCC 198, (2000) 7 SUPREME 79, (2002) 1 ALD(CRL) 127, (2000) 41 ALLCRIC 628, (2000) 8 JT 260 (SC), 2002 SCC (CRI) 1279
Author: U.C. Banerjee
Bench: U.C. Banerjee
JUDGMENT G.B. Pattanaik, J.
1. Delay condoned.
2. Leave granted.
3. The only question that arises for consideration is whether on the finding that the accused-appellant was found to be near the lorry, can it be said that prosecution case under Section 55(a) of the Kerala Abkari Act has been proved beyond reasonable doubt?
4. In the impugned order, the High Court itself recorded a finding that the petitioner-accused was seen near the lorry and the presence of the revision-petitioner near the lorry, therefore, has been proved. On this finding, it is difficult to sustain the ultimate conclusion that the offence under Section 55(a) of the Act has been committed. Consequently, the conviction and sentence against the appellant cannot be sustained.
5. We, therefore, set aside the conviction and sentence recorded against the appellant and he is acquitted of the same. The appeal is allowed accordingly. The bail bonds stand cancelled.