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State Vs. Nadankutty Nadar - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKerala High Court
Decided On
Judge
Reported in1953CriLJ69
AppellantState
RespondentNadankutty Nadar
Excerpt:
- - 25/-.these sentences are grossly inadequate when the punishments prescribed by the act for the offences concerned are taken into account and the state was therefore perfectly justified in making these motions......prohibition act and the accused in either case pleaded guilty. in c.c. no. 113 the magistrate imposed a fine of rs. 15/- and in c.c. 117 a fine of rs. 25/-. these sentences are grossly inadequate when the punishments prescribed by the act for the offences concerned are taken into account and the state was therefore perfectly justified in making these motions. i would however think that the state's purpose in making these motions would be served by this court pointing out to the magistrates functioning in the prohibition areas of the state that unless deterrent sentences are awarded for those found guilty of contravening the provisions of the prohibition act, the successful working of the act will be seriously hampered. this court expects the magistracy to take note of this and act.....
Judgment:
ORDER

Koshi, J.

1. These are two applications by the State for enhancement of the sentences the Stationary First Class Magistrate of Kuzhithura passed against the accused in C.C. Numbers ll3 and 117 of 1125. Both the cases arise under the Prohibition Act and the accused in either case pleaded guilty. In C.C. No. 113 the Magistrate imposed a fine of Rs. 15/- and in C.C. 117 a fine of Rs. 25/-. These sentences are grossly inadequate when the punishments prescribed by the Act for the offences concerned are taken into account and the State was therefore perfectly justified in making these motions. I would however think that the State's purpose in making these motions would be served by this Court pointing out to the Magistrates functioning in the prohibition areas of the State that unless deterrent sentences are awarded for those found guilty of contravening the provisions of the Prohibition Act, the successful working of the Act will be seriously hampered. This Court expects the Magistracy to take note of this and act accordingly.

2. With these observations both the revision applications will stand dismissed.


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