TMI Blog2014 (4) TMI 229X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imple imprisonment for three more months for an offence committed under Section 55(a) of the Abkari Act, 1077. 3. The prosecution case is that on 15.9.1999 at 7.00 a.m., the appellant was found in possession of 10 litres of arrack while he was transporting the same through the road in between Mokavoor and Kypurathpalam. PW6, Excise Inspector, registered Crime No.20 of 1999 through Ext.P3 occurr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rigorous imprisonment for two years and six months and a fine of Rs.1 lakh, and in default, further rigorous imprisonment for six months, which, as already stated, was modified by the High Court. 5. Learned counsel submitted that after coming into force of Act 10 of 1996, the appellant could not have been charge-sheeted under Section 55(a) of the Act, but only under Section 8 of the amended Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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