Kerala Abkari Act
s. 55(a) and (1) – Prosecution u/s. 55(a) – Of appellantaccused alongwith other co-accused – Trial court acquitting one co-accused, convicted the appellant-accused and another coaccused – They were sentenced to RI for five years and fine of Rs. one lakh with default clause – High Court upheld the conviction, but reduced the sentence of RI from five years to three years – Imposition of fine of Rs. one lakh was maintained – Appeal to Supreme Court – Notice was issued only confined to issue of sentence – Held: Appellant’s case falls under clause (a) of s. 55 – Therefore, it is governed by s. 55(1) – As per s. 55(1) jail sentence may vary and extend upto ten years, but so far as fine is concerned minimum amount of Rs. one lakh is mandatory – However, the court has discretion to impose fine more than Rs. one lakh – In the facts of the case, appellant has made out a case for interference in the quantum of sentence awarded by High Court – Sentence is reduced to the period already undergone i.e. 1 year 3 months – Amount of fine is enhanced to Rs. one lakh fifty thousand – Sentence/Sentencing. Allowing the appeal, the Court
HELD: 1. Appellant’s case falls under clause (a) of s. 55 of Abkari Act, therefore, it is governed by Section 55 (1) of the Abkari Act. From a mere reading of Section 55 (1), it is clear that insofar as the jail sentence is concerned, it may vary and extend up to 10 years depending upon the facts of each case, but insofar as the fine amount is concerned, the Court has to impose the minimum amount of Rs. one lakh. It is, therefore, mandatory for the Court to impose a fine while awarding jail sentence and secondly, it cannot be less than Rs. one lakh. However, the Court has discretion to impose fine more than Rs. one lakh depending upon the facts of each case. [Paras 15, 16 and 17][1186-C-E]
2. Keeping in view the facts that the incident in question is of the year 2007; the appellant has undergone jail sentence of 1 year 3 months out of three years total period of jail sentence awarded by the High Court; the appellant was never involved in any criminal activity except the case at hand; and out of three accused, one was given the benefit of doubt, the Court is of the considered opinion that the appellant has made out a case for interference in the quantum of sentence awarded to him by the High Court. [Para 19][1186-F-G]
3. The appellant is now awarded jail sentence of “already undergone”. However, so far as the fine amount of Rs. one lakh imposed by the Courts is concerned, it is modified and accordingly enhanced from Rs. One Lakh to Rs. One Lakh Fifty Thousand (Rs.1,50,000/-). On failure to deposit the enhanced fine amount, the appellant will have to undergo one more year of jail sentence. [Para 20][1187-A-B]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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