State Vs. Nadankutty Nadar

State vs Nadankutty Nadar

Type Court Judgment Court Kerala Decided Nov 10, 1950

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Citation: sooperkanoon.com/716717
Court: Kerala High Court
Judge: Koshi, J.
Decided On: Nov 10, 1950
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

- - 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.

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

State

Respondent

Nadankutty Nadar

Legal References

Reported In: 1953CriLJ69

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.orderkoshi, 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.

Full 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.

Same Parties State vs Nadankutty Nadar Same Subject Criminal Same Judge Koshi, J.

Criminal