G.Bikshapathy, J. - (1.) At the instance of the learned II Addl. Judicial First Class Magistrate, Bhimavaram, the following reference is transmitted under Section 395 of Code of Criminal Procedure for decision of the High Court: "Competency of the Judicial Magistrate of First Class to impose minimum sentence of fine of Rs. 10,000/- or Rs. 20,000/- as the case may be for the offence punishable under Section 8(b)(i) and (ii) of Andhra Pradesh Prohibition Act in the light of the decision of the Supreme Court reported in Pankajbhai Nagjibhai Patel v. State of Gujarat (2001 (1) ALT (Crl.) 129 (SC) = 2001 (1) Supreme 124)."
(2.) The facts leading to the reference are as follows: Accused in C.C.No. 813 of 2002 on the file of the II Addl. Judicial First Class Magistrate, Bhimavaram stood charged for the offence punishable under Section 8(b)(i) and 8(b)(ii) of the A.P. Prohibition Act, 1995. The trial Court found the accused guilty of the charges under Section 8(b)(i) and 8(b)(ii) and he was convicted under Section 248(2) Cr.P.C. The minimum fine impossable shall not be less than Rs. 10,000/- under Section 8(b)(i) while under Section 8(b)(ii) it shall not be less than Rs. 20,000/-.
(3.) Under sub-section (2) of Section 29 of Cr.P.C., a Judicial Magistrate of First Class is empowered to pass a sentence of imprisonment for a term not exceeding three years or of fine not exceeding Rs. 5,000/- or of both. Therefore, in view of the aforesaid provisions contained in Section 29 read with Section 8(b)(i) and 8(b)(ii) as the case may be, the question that calls for consideration is whether the Magistrate of First Class is empowered to pass a sentence of fine of Rs. 10,000/- and Rs. 20,000/- as the case may be even though the power to impose fine is restricted to Rs. 5,000/- under Sec. 29 of Cr.P.C.;