Summary
In an appeal confined to sentence for an Abkari Act offence, the Supreme Court reduced the three-year custodial term to the period already undergone, approximately one year and three months. It considered the age of the incident, the appellant’s custody, absence of other criminal involvement and acquittal of one co-accused. The fine was increased from Rs.1 lakh to Rs.1.5 lakh, with one further year of imprisonment on failure to deposit the enhanced fine.
Issues
- Whether the custodial sentence warranted reduction on the circumstances of this case.
- Whether the statutory fine was mandatory and could exceed its minimum.
Provisions considered
- Section 55(1), punishment applicable to clause (a), Abkari ActThe applicable punishment permitted imprisonment extending to ten years but required a fine of at least Rs.1 lakh. The sentencing court could impose a higher fine on the facts. (¶¶ 14, 15, 16, 17)
Held
- Notice was confined to quantum of sentence; the conviction was not reopened. (¶¶ 8, 9)
- For an offence falling under clause (a), the applicable punishment required a fine alongside imprisonment. Rs.1 lakh was the minimum fine, with discretion to impose more. (¶¶ 14, 15, 16, 17)
- The 2007 incident, approximately one year and three months already served, absence of other criminal activity and benefit of doubt given to one of the three accused justified reducing the custodial term in this case. (¶¶ 18, 19)
- The custodial sentence was reduced to the period already undergone and the fine increased to Rs.1.5 lakh. Failure to deposit the enhanced fine would entail one further year of imprisonment. (¶ 20)
Result
Appeal allowed on sentence. Custody reduced to the period already undergone; fine enhanced to Rs.1.5 lakh, with one further year of imprisonment on failure to deposit the enhanced fine. Conviction undisturbed.