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2022 (6) TMI 1036 - SC - Indian LawsManufacture of arrack - offence under Section 8(1) read with 8(2) and 55(g) of the Abkari Act - HELD THAT:- Though both PW1 and PW3 have been extensively cross-examined, but nothing could be elicited out of their evidence and there are no reason to deviate from the view which has been expressed by the High Court so far as the conviction of appellant for the aforestated offences is concerned. At the same time, taking into consideration the overall aspect of the matter and the fact that 15 years have been rolled by this time from the date of incident which may due to institution lapses(the matter could have been finalized earlier) and noticing that there are no such criminal antecedents against the appellant as indicated by the respondent in para 9 of the counter affidavit and the fact that the appellant has crossed 63 years of age, consider it appropriate to modify the sentence to simple imprisonment of one year under Section 55(g) of the Abkari Act and he shall also be liable to pay a fine of Rs. 1,00,000/- on both the counts, in default, he shall suffer simple imprisonment for six months. Appeal disposed off.
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