2015 (3) TMI 834

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....1.Leave granted. 2.The appellant was prosecuted for an offence punishable under Section 55(a) of the Kerala Abkari Act (1 of 1077). He was found guilty by the Trial Court and sentenced to undergo imprisonment for a period of seven years besides a fine of rupees one lakh. In default of payment a further sentence of one year simple imprisonment was also awarded. The co-accused in the case was, ho....

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....e this Court on 26 th November, 2012, we issued notice to the respondent limited to the question of quantum of sentence awarded to the appellant. We have accordingly heard learned counsel for the parties on that limited question. 5.Section 55 (a) of the Act makes any contravention of the Act or of any rule made thereunder in regard to "import, transport, transit or any intoxicating drug" punish....

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....ught to be one of the factors to be taken into consideration while determining the quantum of sentence awarded to him. What was equally important is whether the appellant was the owner of the contraband or had any financial interest in its possession or transportation. There is nothing on record to suggest that the appellant had any such interest. The Investigating Officer ought to have made an en....

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....on. No reason is forthcoming in the present case why no effort was made by the Investigating Agency to expose the racketeers without whose support and involvement such a big consignment of spirit could not have been purchased nor its transportation arranged. 7. In the totality of the above circumstances and the fact that the petitioner was only a driver of the lorry in which the goods were bein....