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SUPREME COURT OF INDIA
H.L. Gokhale, Ranjan Gogoi, JJ.
Babu K.S. - Appellant
Versus
State of Kerala - Respondent
Criminal Appeal No. 527 of 2013 (Arising out of SLP (Crl.) No. 9906 of 2012).
Decided On : 01-04-2013
Illicit Arrack - Kerala Abkari Act - The court restored the punishment of fine by deleting the sentence of imprisonment, considering the fact that the appellant was convicted and sentenced for possessing illicit arrack.
Fact of the Case:
The appellant was convicted and sentenced for possessing 3.7 litres of illicit arrack under Section 55(i) of the Kerala Abkari Act. The High Court maintained the conviction and sentence of rigorous imprisonment but reduced the fine from Rs. 25,000 to Rs. 5,000.
Finding of the Court:
The court found that the ends of justice would meet if the punishment of fine of Rs. 25,000/- is restored by deleting the sentence of imprisonment.
Issues: Conviction and sentencing under Section 55(i) of the Kerala Abkari Act for possessing illicit arrack.
Ratio Decidendi: The ends of justice would meet if the punishment of fine of Rs. 25,000/- is restored by deleting the sentence of imprisonment.
Final Decision: The impugned order passed by the High Court and the order passed by the Trial Court were modified to restore the punishment of fine by deleting the sentence of imprisonment, and the appeal was disposed of.
ORDER :
1. Leave granted.
2. The appellant was proceeded under Section 55(i) of the Kerala Abkari Act for possessing 3.7 litres of illicit arrack. He was convicted and sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs. 25,000/-. The High Court while maintaining the conviction and sentence of rigorous imprisonment, reduced the amount of fine to Rs. 5,000/-.
3. We have heard the learned counsel for the parties.
4. Considering the fact that the appellant was convicted and sentenced for having found in possession of 3.7 litres of illicit arrack, in our view, the ends of justice would meet if the punishment of fine of Rs. 25,000/- is restored by deleting the sentence of imprisonment. Accordingly, the impugned order passed by the High Court as also the order passed by the Trial Court are modified to the extent mentioned above and the appeal is disposed of.
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