State by Public Prosecutor vs Pazhanal

M.N. Moorthy, J.—This appeal is preferred by the State against the sentence passed by the learned Judicial Second Class Magistrate, Palladam in C.C. No. 3996 of 1977. On his own plea of guilt, the learned Magistrate sentenced the accused under S. 4(1)(b) of the Tamil Nadu Prohibition Act to imprisonment till rising of the Court and to pay a fine of Rs. 500, in default, three months'' rigorous imprisonment.

The appeal is directed only against the sentence on the ground of its inadequacy. The. learned Public Prosecutor brings to my notice, having regard to the anti-social nature of the offence, the learned Magistrate should not have taken a lenient and liberal view of the offence committed by the accused and sentenced him to imprisonment till rising of the Court and to pay a fine of Rs. 500. The offence committed by the accused carries minimum sentence of six months'' imprisonment and a find of Rs. 1,000.

The learned Magistrate has not given a minimum sentence on the ground that the accused is aged 65. The offence is stated to have taken place on 22nd September, 1977, about four years back. At this distance of time, I do not want to go into the question about the sufficiency or adequacy of the reasons given by the Magistrate passing the order. This appeal is primarily filed to bring to the notice of the trial Courts that they should give special and adequate reasons for an offence of this nature if they are not awarding the minimum sentence.

I do not want to interfere with the lower court''s order at this stage. The appeal for enhancement of sentence by the State is dismissed.