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2014 (4) TMI 229 - SUPREME COURTModification of order of imprisonment - impact of quotation of wrong provision in the order - appellant was found in possession of 10 litres of arrack - High Court modified the sentence awarded by the trial Court to that of rigorous imprisonment for one year and to pay a fine of Rs.1 lakh - Held that:- It is true that the proper Section, which is attracted in the instant case, is Section 8(1) of the Abkari Act, as amended by Act 10 of 1996, not Section 55(a). But, misquoting of the Section or misapplying the provisions has caused no prejudice to the appellant, since the offence has been clearly made out. Offence under Section 55(a) can always be altered to Section 8(1) of Act 10 of 1996, therefore, we find no error in the conviction recorded by the Courts below - appellant has no previous history of committing such offence, we are inclined to modify the sentence to that of six months’ simple imprisonment and a fine of Rs.50,000 - Decided partly in favour of applicant.
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