Supreme Court of India
Santosh @ Santosh Kumar v. State of Kerala
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What the Court ordered
In view of the foregoing discussion, the appeal succeeds and is accordingly allowed.
Judgment, page 4
From the headnote
Kerala Abkari Act s. 55(a) and (1) – Prosecution u/s. 55(a) – Of appe llant- accused alongwith other co-accused – Trial court ac quitting one co-accused, convicted the appellant-accused and ano ther co- accused – They were sentenced to RI for five years and fi ne of Rs. one lakh with default clause – High Court upheld the conviction, but reduced the sentence of RI from five years to t hree years – Imposition of fine of Rs. one lakh was maintained – Appeal to Supreme Court – Notice was issued only confined to issue of s entence – Held: Appellant’s case falls under clause (a) of s. 55 –
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