State of Hyderabad vs Gulab and Others

This is a report made by the Sessions Judge of Aurangabad recommending the enhancement of sentence. The Munsif of Kannad found both the accused Kosha and Gulab guilty under Sections 10 and 31, Hyderabad Abkari Act and sentenced them to a fine of Rs. 2 each. There was a 3rd accused Kalu, but he is not before us and the Government have not been able to trace him. So this order is only as against the accused Kosha and Gulab. These two accused were found distilling illicit liquor and were caught red-handed. This is amply proved.

Under the circumstances, we agreed with the Sessions Judge that the fine of Rs. 2 each is inadequate. We wish to draw the attention of the lower Courts that in such matters adequate punishment must be given and such nominal punishment serves no purpose and is worse than useless. The punishment must be deterrent in such cases. We agree with the Sessions Judge that each of the two accused must be punished for a period of one month''s simple imprisonment and a fine of Rs. 10 each. In default, they are to undergo a further period of one week''s simple imprisonment.