BIJU Vs. S.I. OF POLICE, RAMANKARY

JUDGEMENT

(1.) THE accused in Calendar Case No. 400/1997 before the Court of the Judicial Magistrate of First Class, Ramankary, is the petitioner herein. He was convicted by the Magistrate under Section 55(a) of the Abkari Act and was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 25,000/ - for an offence under Section 55(a) of the Abkari Act, with a default sentence of simple imprisonment for three more months. Crl. Appeal No. 31/1999 filed by the petitioner before the Additional Sessions Judge, (Fast Track) Adhoc -1, Alappuzha was dismissed. The petitioner is challenging the orders of the courts below.

(2.) THE incident in this case happened on 7.2.1997. Section 8 was reintroduced in the Abkari Act by the Abkari (Amendment) Act, 1996 (Act 4 of 1996) and the same came into force with effect from 1.4.1996. Before the amendment of that provision with effect from 3.6.1997, by Act 16 of 1997, the said Section, what is relevant for our purpose, read as follows: