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Supreme Court of India 2018-11-16 allowed

Santosh @ Santosh Kumar vs State of Kerala

Bench: 2 — Abhay Manohar Sapre

In Brief

The appellant was convicted under Section 55(a) of the Abkari Act (Kerala) for storing spirits in residential premises. The Sessions Court imposed 5 years imprisonment and Rs. 1 lakh fine; the High Court reduced imprisonment to 3 years but maintained the fine. The Supreme Court held that courts must impose a minimum fine of Rs. 1 lakh but have discretion over imprisonment duration based on facts. Considering the appellant had already served 1 year 3 months in custody, had no prior criminal record, and the incident was from 2007, the Court allowed the appeal, crediting time already undergone as the full sentence while enhancing the fine to Rs. 1.5 lakh.

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Excise and Liquor Law Criminal Procedure Sentencing Mandatory Minimum Punishment

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