2015 (1) TMI 761 - HC - Indian Laws

Commission of offense u/s 60 of Excise Act - Transport of illegal liquor without required license - Held that - The scrutiny of the evidence as well as discussions made by the learned trial court suggests that the learned trial Court has analyzed the evidence and reached to the correct conclusion that evidence recorded makes out a case under Section 60 of the Excise Act against the accused appellant. - ends of justice would successfully meet if the accused appellant is awarded punishment already undergone by him. The appellant has remained in jail for some period as has no previous criminal history. The fine of ₹ 5,000/- awarded to the accused-appellant by the trial court is also reduced to half, i.e. from ₹ 5,000/- to ₹ 2,500/-. The accused appellant shall pay fine within sixty days from the date of receipt of record by the learned trial Court. In the event of default in payment of fine, the defaulting accused shall have to undergo further imprisonment as directed by the judgment and order passed by the court below. Amount of fine, if any, deposited earlier in this regard before the learned trial Court, shall be adjusted by learned trial Court. - Decided partly in favour of appellant.

Summary

Issues: Conviction under Section 60 of the Excise Act, Reduction of Sentence and Fine

Conviction under Section 60 of the Excise Act:
The appellant filed an appeal against the judgment convicting him under Section 60 of the Excise Act and sentencing him to two years of rigorous imprisonment and a fine of Rs. 5,000. The case originated from an incident where the police intercepted individuals unloading unauthorized liquor from a truck in Chandrikan Jungle. The appellant, identified as Yogesh Kumar, was arrested on the spot, and a significant amount of liquor was seized from the truck and a Tata Sumo vehicle. The investigation revealed the presence of chemical poison in the recovered liquor, leading to charges being framed against the accused under Section 60 of the Excise Act and Sections 272, 273 of the Indian Penal Code. The trial court, after analyzing the evidence, found the appellant guilty under Section 60 of the Excise Act. However, the other accused persons were acquitted of the charges.

Reduction of Sentence and Fine:
During the appeal hearing, the appellant's counsel did not contest the merits of the case but requested a reduction in the sentence already served by the appellant. Considering the circumstances of the case dating back to 2003 and the lack of prior criminal history for the appellant, the High Court modified the sentence. The court reduced the appellant's imprisonment term to the period already undergone and halved the fine amount from Rs. 5,000 to Rs. 2,500. The appellant was given sixty days to pay the reduced fine, with the provision for further imprisonment in case of default. Any previously deposited fine amount was to be adjusted by the trial court. The High Court directed the office to promptly send the judgment copy and lower court record to ensure timely implementation of the modified sentence.

Conclusion:
The High Court partially allowed the appeal by confirming the appellant's conviction under Section 60 of the Excise Act but modifying the sentence by reducing the imprisonment period and fine amount. The judgment highlighted the importance of considering the circumstances and criminal history of the accused while determining the appropriate punishment.