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april 2014

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.

A.T Prakashan vs The Excise Inspector & Anr · Niyam