EXCISE INSPECTOR Vs. SASI

JUDGEMENT

(1.) State of Kerala has filed these appeals challenging the inadequacy of and illegality in the sentence passed on the accused. The respective accused persons in these cases have been charged with the offence punishable under S.55(a) of the Abkari Act. All of them pleaded guilty and have been sentenced under S.58 of the Act, imposing a fine of Rs. 150/- on each of them.

(2.) The offence has been committed in the year 1995. On the date of commission of offences, in these cases, admittedly, S.58 read as follows:

(3.) It is submitted by the counsel for the accused / respondents that these appeals are not maintainable because the sentence was not imposed after trial. All the accused pleaded guilty before the Court below before the trial commenced. So no appeal under S.377(1) of the Code of Criminal Procedure, 1973 ought to have been maintained, because the said Section provided for the State filing an appeal in any case of conviction on a trial held by any court other than the High Court. (emphasis supplied). As the accused persons pleaded guilty, there was no trial at all, it is submitted.