TMI Blog2022 (6) TMI 1036X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - CRIMINAL APPEAL NO(S). 906 OF 2022 (Arising out of SLP(Crl.) No(s). 9195 of 2021) - - - Dated:- 22-6-2022 - AJAY RASTOGI And C.T. RAVIKUMAR , JJ. For the Petitioner : Mr. Abhilash M.R., Adv. Mr. Sayooj Mohandas, Adv. Mr. Sandeep Singh, AOR For ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the place of occurrence, the items were seized under a mahazar. 5. According to the prosecution, they found the accused engaged in manufacturing of arrack in a remote area, 40 liters of arrack was found kept in two jars of 20 litres each, at some distance about 3750 litres of wash was also seen concealed under the bushes in 250 tins each containing 15 liters each. Samples were collected from the jars and the wash, remaining wash was destroyed at the place itself. The accused appellant was arrested from the place and crime was registered against him. 6. After investigation, charge sheet was filed against 7 accused persons including the appellant. The learned Magistrate, after perusing the record, took cognizance and after completin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e have heard learned counsel for the parties and with their assistance perused the material available on record as well as the statements of PW1 and PW3. 11. Though both PW1 and PW3 have been extensively crossexamined, but nothing could be elicited out of their evidence and we find 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. 12. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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