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 GN Rao for the Petitioner
The order of the Court was delivered by CHINNAPPA REDDY
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 AP 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 IN months and that the sentence may be appropriately modified
It is true that under the AP 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
PBR Petition dismissed


Summary:
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