Supreme Court of India · 2014-04-04
A.T Prakashan vs The Excise Inspector & Anr
- Citation / case number
- AIRONLINE 2014 SC 181
- Court
- Supreme Court of India
- Petitioner
- A.T Prakashan
- Respondent
- The Excise Inspector & Anr
- Author
- K.S. Radhakrishnan
- Bench
- Vikramajit Sen, K.S. Radhakrishnan
Judgment text excerpt
The Supreme Court held that the proper section applicable for the appellant's offence was Section 8(1) of the Abkari Act, as amended by Act 10 of 1996, rather than Section 55(a). Despite the misapplication of the section, the Court found no prejudice to the appellant as the offence was clearly established. The Court modified the sentence from rigorous imprisonment to six months' simple imprisonment and a fine of Rs.50,000, allowing the appeal to that extent.