STATE OF GUJARAT Vs. KOLI KANA PARBAT BELGAM

JUDGEMENT

(1.) THE State of Gujarat, the appellant has preferred this appeal for enhancement of the sentence awarded by the judgment and order dated 20. 7. 1989 passed by the learned Judicial Magistrate First Class, Manavadar in Summary Case No. 406/89, convicting the respondent-Koli Kana Parbat for the offence punishable under section 66 (1) (b), 65 (b), (c), (d), (e), (f) and 81 of the Bombay Prohibition Act. He was sentenced to suffer 10 days simple imprisonment and also fined Rs. 50/-, in default, 2 days.

(2.) HEARD the learned APP, Ms. D. S. Pandit. Ms. Tejal K Shah, learned advocate for the opponent-accused was not present when the matter was called out.

(3.) THE incident in question took place on 10/12/1985 at 17. 50 hrs. The accused was found in possession of huge quantity of prohibited liquor and wash. The accused pleaded guilty and submitted that he is a poor person and as this is his first offence and as he is having liability of maintaining his family consisting of his wife and two small daughters, a lenient view may be taken. Taking into consideration his submission, the court has imposed the above referred sentence.