Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1997 Kerala Abkari (Amended) Act |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Kerala Abkari (Amended) Act, 1997:ss.8(1) and (2) – Trial court convicted the appellant andsentenced to undergo rigorous imprisonment for six months with afine amount of Rs. 1 lakh and, in default in payment of fine amount,to undergo simple imprisonment for another period of three months– High Court upheld the conviction but modified the sentencing byreducing the jail sentence from “six months rigorous imprisonment”to three months simple imprisonment” and in default of payment offine amount, “three months simple imprisonment” to “two weekssimple imprisonment” – Aggrieved appellant filed instant appeal –Plea of appellant was that she was poor lady having no criminalantecedents and means to pay a fine amount of Rs. 1 lakh – Held:s.8(2) of the Act prescribes a punishment for an offence punishableunder s.8(1) which may extend to 10 years and with fine amountwhich shall not be less than Rs. 1 lakh – Thus it is mandatory forimposing “Jail Sentence” and “Fine Amount” under s.8(2) – Thediscretion to award jail sentence, however, varies upto 10 years butnot beyond it – In other words, the Court has the jurisdiction toimpose jail sentence for any period but such period cannot exceed10 years – The maximum limit to impose jail sentence is fixed as 10years – How much jail sentence should be imposed would varyfrom case to case – So far as the imposition of fine amount alongwith award of jail sentence is concerned, it is also mandatory and itcannot be less than Rs. 1 lakh – In the instant case, the appellant isa lady and is living below the poverty line and has no means to paya sum of Rs. 1 lakh to the State – She was not involved in anycriminal case in the past and nor was she ever involved in the caserelating to the offences punishable under the Act – She is above 50years of age – She was found in possession of only 3 liters of arrackwhich resulted in her conviction – The case is almost 12 years oldfrom now and she has already undergone two and a half monthsjail sentence out of total jail sentence of 3 months awarded to her In view of these factors and having regard to the totality of thefacts and circumstances of the case, the appellant’s jail sentence ismodified from “3 months” to “already undergone” and also thedefault sentence reduced from “two weeks” to that of the “oneweek” in the event, she is not able to deposit the mandatory fineamount of Rs. 1 lakh within one month – In this view of the matter,the appellant is not now required to undergo the substantive jailsentence of 3 month– However, if the appellant fails to deposit thefine amount of Rs. 1 lakh within one month, she will have to undergoone week jail sentence on account of non-deposit offine amount of Rs. 1 lakh within the prescribed time – Sentence/Sentencing.Kerala Abkari (Amended) Act, 1997: s.8(2) – Sentence – Courthas the jurisdiction to impose jail sentence for any period but suchperiod cannot exceed 10 years – The maximum limit to impose jailsentence is fixed as 10 years.Kerala Abkari (Amended) Act, 1997: s.8(2) – Fine – The Courthas no jurisdiction to impose fine amount less than Rs.1 lakh becauseminimum limit prescribed under s.8 (2) is Rs. 1 lakh – A “fortiori”,the Court has discretion to impose a fine amount more thanRs. 1 lakh because there is no upper limit prescribed in law forimposing fine amount exceeding Rs. 1 lakh. |
Judge | N/A |
Neutral Citation | 2018 INSC 1221 |
Petitioner | Vilasini |
Respondent | State Of Kerala |
SCR | [2018] 14 S.C.R. 1 |
Judgement Date | 2018-09-25 |
Case Number | 1221 |
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