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2015 (1) TMI 761 - HC - Indian LawsCommission of offense u/s 60 of Excise Act - Transport of illegal liquor without required license - Held that:- The scrutiny of the evidence as well as discussions made by the learned trial court suggests that the learned trial Court has analyzed the evidence and reached to the correct conclusion that evidence recorded makes out a case under Section 60 of the Excise Act against the accused appellant. - ends of justice would successfully meet if the accused appellant is awarded punishment already undergone by him. The appellant has remained in jail for some period as has no previous criminal history. The fine of ₹ 5,000/- awarded to the accused-appellant by the trial court is also reduced to half, i.e. from ₹ 5,000/- to ₹ 2,500/-. The accused appellant shall pay fine within sixty days from the date of receipt of record by the learned trial Court. In the event of default in payment of fine, the defaulting accused shall have to undergo further imprisonment as directed by the judgment and order passed by the court below. Amount of fine, if any, deposited earlier in this regard before the learned trial Court, shall be adjusted by learned trial Court. - Decided partly in favour of appellant.
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