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2013 DIGILAW 351 (SC)

Babu K. S. v. State of Kerala

2013-04-01

H.L.GOKHALE, RANJAN GOGOI

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ORDER : 1. Leave granted. 2. The appellant was proceeded under Section 55(i) of the Kerala Abkari Act for possessing 3.7 litres of illicit arrack. He was convicted and sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs. 25,000/-. The High Court while maintaining the conviction and sentence of rigorous imprisonment, reduced the amount of fine to Rs. 5,000/-. 3. We have heard the learned counsel for the parties. 4. Considering the fact that the appellant was convicted and sentenced for having found in possession of 3.7 litres of illicit arrack, in our view, the ends of justice would meet if the punishment of fine of Rs. 25,000/- is restored by deleting the sentence of imprisonment. Accordingly, the impugned order passed by the High Court as also the order passed by the Trial Court are modified to the extent mentioned above and the appeal is disposed of.