India News | SC Reduces Quantum of Punishment to Man Convicted Under Excise Act in Kerala
Get latest articles and stories on India at LatestLY. The Supreme Court Wednesday reduced the quantum of punishment from two years to one for a man convicted under the excise act noting that he had no criminal antecedents and was over 63 years of age.
New Delhi, Jun 22 (PTI) The Supreme Court Wednesday reduced the quantum of punishment from two years to one for a man convicted under the excise act noting that he had no criminal antecedents and was over 63 years of age.
A vacation bench of Justices Ajay Rastogi and C T Ravikumar said there was no reason to deviate from the view which has been expressed by the Kerala High Court so far as the conviction of the appellant for the offences is concerned.
“Taking into consideration the overall aspect of the matter and the fact that 15 years have been rolled by this time from the date of the incident which may be due to institution lapses (the matter could have been finalised earlier) and noticing that there are no such criminal antecedents against the appellant and the fact that the appellant has crossed 63 years of age, consider it appropriate to modify the sentence to simple imprisonment of one year,” the bench said.
The top court further said the man shall also be liable to pay a fine of Rs. 1 lakh, in default, he shall suffer simple imprisonment for six months.
As per the prosecution, on February 25, 2007, the Sub-Inspector, Perunad police station, and the party found the appellant along with six others, engaged in manufacturing arrack (distilled alcoholic drink) in a place by the name Kochethupara in Perunad village and Manakayam Muri within Ranni Taluk in Perunad police station limits.
The police proceeded to the place on receipt of information and apprehended the man.
After the Sessions Judge conducted the trial, the appellant was held guilty and convicted for the offences under the Abkari Act and sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs lakh.
The high court on perusal of record and taking into consideration the submissions made and the evidence upheld the order of conviction passed by the trial Court modified and reduced the sentence to rigorous imprisonment for two years. PTI PKS
(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)