Paul Kuriakose Vs. Excise Inspector & Anr.
Criminal Laws - Abkari
Abkari Act, Section 55(a) - Sentence - Reduction in - Right from the initial stage when the car of the appellant was searched leading to recovery of 450 litres of spirit which on analysis was found to be 80.70 per cent by volume of Ethyl Alcohol, the prosecution has proved all the necessary ingredients of the offence in question by adducing reliable evidence - No good ground to interfere with appellant's conviction - High Court interfered and reduced the period of imprisonment after noticing that the appellant has no criminal antecedents - Considering the said mitigating factor and also the fact that occurrence in question is of the year 2000 and the appellant has suffered agony of criminal trial and pendency of appeal for more than 15 years, in the facts of the case the period of imprisonment further reduced from three years to rigorous imprisonment for two year - The amount of fine determined by the High Court as Rs.1 lac along with default clause is however left intact.
Topic(s)-Abkari - Sentence - Reduced