Full Judgment Text
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PETITIONER:
STATE OF ANDHRA PRADESH
Vs.
RESPONDENT:
S.R. RANGADAMAPPA
DATE OF JUDGMENT01/10/1982
BENCH:
REDDY, O. CHINNAPPA (J)
BENCH:
REDDY, O. CHINNAPPA (J)
VENKATARAMIAH, E.S. (J)
CITATION:
1982 AIR 1492 1983 SCR (1) 496
1982 SCC (3) 223 1982 SCALE (1)842
ACT:
Interpretation-Satute prescribed minimum sentence-No
discretion given to court-Court, if can reduce the sentence
to less than the minimum prescribed ’
HEADNOTE:
Where the statute prescribes minimum sentence and does
not provide for any exceptions or vest the Court with any
discretion to award a sentence below the prescribed minimum
under any special circumstances, a Court cannot reduce the
sentence to less than the minimum permissible. [497 D-E]
JUDGMENT:
CRIMINAL APPELLATE JURISDICTION: Special Leave Petition
(Criminal) No. 432 of 1981.
From the Judgment and order dated the 25th September,
1980 of the High Court of Andhra Pradesh at Hyderabad in
Criminal Revision Case No. 461 of 1980.
P. Ram Reddy and G.N. Rao for the Petitioner.
The order of the Court was delivered by
CHINNAPPA REDDY. J. The respondent was charged with an
offence under Section 34 (a) of the Andhra Pradesh Excise
Act on the allegation that he was found in possession of a
quantity of eight litres of illicitly distilled arrack, an
intoxicant, in contravention of the provisions of the Act
and the Rules made under the Act. The learned Judicial First
Class Magistrate convicted him and sentenced . him to suffer
rigorous imprisonment for a period of two years, which was
the minimum sentence that could be awarded for an offence
under Section 34 (a) of the A.P. Excise Act. On an appeal
preferred by the respondent, the Sessions Judge, Anantapur
con firmed the conviction and sentence. The respondent
preferred a revision petition before the High Court. The
learned Single Judge who heard the revision confirmed the
conviction. But, on the question of sentence, he observed:
497
"Mr. T. Ramulu, appearing for the petitioner who
has A filed this revision through jail, has submitted
that the petitioner is aged 30 years and is a first
offender and he has already served a sentence of about
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IN months and that the sentence may be appropriately
modified. It is true that under the A.P. Excise Act, a
statutory minimum sentence is prescribed. But having
regard to the submissions made above, I feel the
interest of justice will be satisfied if the sentence
of imprisonment imposed against the petitioner is
reduced to the period already undergone and if the fine
of Rs. 5O/-, imposed is set aside. The revision is
dismissed subject to the modification as stated above."
We are unable to understand why the High Court reduced
the sentence. The statute prescribes a minimum sentence. It
does not provide for any exceptions and does not vest the
Court with any discretion to award a sentence below the
prescribed minimum under any special circumstances. The
learned judge has himself noticed that the sentence imposed
is the statutory minimum. Having noticed that the statute
prescribes a minimum sentence for the offence, the High
Court has ununderstably reduced the sentence of imprisonment
to less than the minimum permissible. The High Court was
clearly in error in doing so. We think we have said enough
to correct the error. It is unnecessary to pursue the matter
further by granting special leave. The petition is dismissed
with the above observations.
P.B.R. Petition dismissed.
498