STATE Vs. SUBHAN ALIAS KALIYANA SUBHAN

JUDGEMENT

(1.) THIS is an appeal preferred by the State against the sentence passed by the Judicial Second Class Magistrate, Coonoor in Calendar Case No. 843 of 1976 convicting the respondent-accused for an offence under section 4 (1) (b) of the Tamil Nadu Prohibition Act and releasing him after due admonition under section 3 of the Probation of Offender Act and also directing him to pay a sum of Rs. 200 as costs for the proceedings under section 5 (1) (b) of the Probation of Offenders Act.

(2.) THIS appeal is only against the sentence on the ground of inadequacy as the offence under which the petitioner was convicted carries a minimum sentence of six months and fine of Rs. 1,000. It is not necessary for me to give the details of the facts of the case as it has been well set out in the judgment of the trial Court.

(3.) I agree with the learned Public Prosecutor. The benevolent provisions of the Probation of Offenders Act are not meant to be used in offences like the present one.