LAW FOR ALL

Misquoting of provisions - sec.55 (a) applies other than arrack - after amendment in 1996 , for 10 liters of ID Liquor sec.8 applies but not sec.55 (a) - trial court convicted - High court modified - Apex court held that It is true that the proper Section, which is attracted in the instant case, is Section 8(1) of the Abkari Act, as amended by Act 10 of 1996, not Section 55(a). But, misquoting of the Section or misapplying the provisions has caused no prejudice to the appellant, since the offence has been clearly made out. Offence under Section 55(a) can always be altered to Section 8(1) of Act 10 of 1996, therefore, we find no error in the conviction recorded by the Courts below. However, considering the fact that the appellant has no previous history of committing such offence, we are inclined to modify the sentence to that of six months’ simple imprisonment and a fine of Rs.50,000/-, and in default, to undergo further simple imprisonment for three months.=A.T. Prakashan …. Appellant Versus The Excise Inspector & Anr. …. Respondents= 2014 ( Apr.Part ) judis.nic.in/supremecourt/filename=41382