STATE OF GUJARAT Vs. NANUBHAI KHUSHALBHAI SOLANKI

JUDGEMENT

(1.) The appellant State of Gujarat has filed the present appeal under Section 377 of the Code of Criminal Procedure, 1973 (for brevity, 'the Code') against the order dated 26/06/2003, passed by the learned Judicial Magistrate First Class (3rd Court), Vadodara, in Summary Case No. 2001 of 1992, whereby, the respondent herein original accused came to be convicted for the offences punishable under Sections 66(1)(b) and 85(1)(3) of the Prohibition Act as well as Section 110 of the Bombay Police Act and sentenced till rising of the Court with a fine of Rs.100/ and in default of payment of fine, to undergo simple imprisonment for two days.

(2.) Brief facts of the case are such that the respondent accused was charged with offences punishable under Sections 66(1)(b) and 85(1)(3) of the Prohibition Act as well as Section 110 of the Bombay Police Act. Before the trial Court, the respondent accused pleaded guilty and considering the fact that, before the trial Court, the report of FSL was not produced together with the fact that the case was 13 years old and the age of the accused at the relevant time was more than 65 years and the family and financial condition of the accused and also taking into consideration the pronouncement of this Court in Criminal Appeal No. 126 of 1998, the trial Court imposed the aforesaid sentence, which since found to be inadequate, the State has filed the present appeal for enhancement of sentence.

(3.) At the outset, it is required to be noted that present appeal has been admitted vide order dated 21/03/2006, however, the notice of admission of the present appeal has remained unserved so far and nobody has put in appearance on behalf of the respondent accused.