Case Note & Summary
The appellant was convicted under Section 8(2) and Section 63 of the Kerala Abkari Act for possession of 4.5 litres of arrack and 3.750 litres of Indian Made Foreign Liquor. The Trial Court sentenced him to one year simple imprisonment and fine of Rs.1,00,000 under Section 8(2) and fine of Rs.5,000 under Section 63. The High Court reduced the imprisonment to nine months but maintained the fines. The Supreme Court, considering that the appellant had already undergone 35 days of custody and the gravity of the offence, modified the sentence to the period already undergone while confirming the fines. The appeal was allowed in part.
Headnote
A) Criminal Law - Sentence Modification - Section 8(2) and Section 63 of Kerala Abkari Act - Possession of 4.5 litres of arrack and 3.750 litres of IMFL - Conviction confirmed but sentence of imprisonment reduced to period already undergone (35 days) - Held that interest of justice would be met by reducing imprisonment to period already undergone while confirming fine amount (Paras 10-11).
Issue of Consideration
Whether the sentence of imprisonment imposed on the appellant should be reduced considering the period already undergone and the facts of the case.
Final Decision
Appeal allowed in part. Sentence of imprisonment reduced to period already undergone (35 days). Fine amounts confirmed. Fine to be paid within four weeks if not already paid.
Law Points
- Sentence modification
- Section 8(2) Kerala Abkari Act
- Section 63 Kerala Abkari Act
- period of custody already undergone
Case Details
Criminal Appeal No. 22 of 2019 (@Special Leave Petition (Criminal) No. 8113 of 2017)
Abhay Manohar Sapre, R. Subhash Reddy
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Nature of Litigation
Criminal appeal against conviction and sentence under Kerala Abkari Act
Remedy Sought
Reduction of sentence by the appellant
Filing Reason
Appellant aggrieved by conviction and sentence imposed by Trial Court and confirmed by High Court
Previous Decisions
Trial Court convicted and sentenced to one year imprisonment and fine; High Court reduced imprisonment to nine months but maintained fines
Issues
Whether the sentence of imprisonment should be reduced to the period already undergone
Submissions/Arguments
Appellant argued for reduction of sentence; State opposed
Ratio Decidendi
Considering the gravity of offence, quantum of liquor seized, and period of custody already undergone (35 days), the interest of justice would be met by reducing the imprisonment to the period already undergone while confirming the fine.
Judgment Excerpts
we are of the view that the interest of justice would be met if the imprisonment is reduced to the period, already undergone by the appellant.
The Sentence imposed in the Judgment of the Trial Court dated 22.11.2013 as modified by the High Court Judgment dated 25.01.2017, stands modified, to the extent indicated above.
Procedural History
Trial Court convicted appellant on 22.11.2013; High Court modified sentence on 25.01.2017; Supreme Court granted leave on 13.10.2017 and heard appeal; judgment delivered on 07.01.2019.
Acts & Sections
- Kerala Abkari Act: Section 8(2), Section 63
