A.T. Prakashan Vs. Excise Inspector & Anr.
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Criminal Laws - Abkari
Coming into force of Act 10 of 1996, the appellant could not have been charge-sheeted under Section 55(a) of the Act, but only under Section 8 of the amended Act 10 of 1996 - Offence was committed in the year 1999, hence, he could have been charged-sheeted only under Section 8 of the Act and not under Section 55(a) of the Act, which would apply only in cases of liquor and intoxicating drug other than arrack. It is true that the proper Section, which is attracted in the instant case - But, misquoting of the Section or misapplying the provisions has caused no prejudice to the appellant, since the offence has been clearly made out. Offence under Section 55(a) can always be altered to Section 8(1) of Act 10 of 1996, therefore, no error in the conviction recorded by the Courts below.
BENCH :
Advocates For the Appellant(s) :
Topic(s)-Abkari – Conviction upheld