Supreme Court of India
Sasikumar & Anr. v. State of Kerala
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
Before parting with the record of the case, we would like to point out that Section 8(2) of the Abkari Act does not fix E any upper limit for the fine but lays down that the fine shall not be less than Rs.1,00,000/-. Since the minimum amount of fine prescribed by the law is kept so high, the courts naturally give the default sentence of imprisonment for a substantially longer period.
Judgment, page 7
From the headnote
Kera/a) Abkari Act - s. 8(1) rlw s. 8(2) - Illicit trade in arrack - Three accused -Seizure of two cans containing 40 litres of arrack from their possession - Trial court convicted all the accused and sentenced them to RI for 3 years and a fine of Rs.1,00,0001- with default sentence of one year RI - High Court, though maintaining the conviction, reduced the sentence to RI for 18 months and the default sentence for . failure to pay the fine, to RI for six months - On appeal before Supreme Court by two accused i.e. the two appellants - Held: The conviction of the appellants was justified -
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