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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2026 (@ SLP(CRL.) No.20667/2025)
RAJAN APPELLANT(S)
VERSUS
STATE OF KERALA RESPONDENT(S)
O R D E R
1. Leave granted.
2. We have heard the learned counsel appearing for the parties.
3. The appellant has been charged and convicted for the offence
punishable under Section 8(2) of the Abkari Act (for short,
‘the Act’).
4. The case of the prosecution against the appellant is that he
was found to be in possession of 10 liters of illicit arrack.
Accordingly, he was convicted and sentenced to undergo simple
imprisonment for a period of one year and to pay a fine of
Rs.1 Lakh by the Trial Court. The same was confirmed by the
First Appellate Court.
5. On appeal, the High Court, vide the impugned order, while
confirming the conviction rendered against the appellant,
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modified the sentence imposed upon the appellant to six months
of simple imprisonment and confirmed the fine of Rs.1 Lakh
which is the minimum fine under Section 8(2) of the Act.
6. We had issued a limited notice with respect to the quantum of
sentence alone.
7. It is to be noted that the appellant is not a habitual
offender and the recovery made from the appellant is only 10
liters of illicit arrack. He is an illiterate person.
8. Considering the afo...