APEA Section 44 : Enhanced punishment after previous conviction
Act
Summary
Section 44 of The Andhra Pradesh Excise Act, 1968, addresses enhanced punishment for individuals previously convicted under specified sections of the Act. If a person is convicted again for similar offences, they face double the penalty compared to a first-time conviction. This section ensures stricter consequences for repeat offenders while allowing for summary trials under Chapter XXI of the Code of Criminal Procedure, 1973.
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Explanation using Example
Example 1: Repeat Offender in Illegal Liquor Sale
Introduction: Ravi, a shop owner in Andhra Pradesh, was previously convicted under Section 34 of the Andhra Pradesh Excise Act, 1968 for selling liquor without a license. After serving his penalty, he resumed his business legally. However, due to financial pressures, he again started selling liquor illegally.
Application: Ravi is caught and convicted again for the same offence under Section 34. According to Section 44 of the Andhra Pradesh Excise Act, 1968, since Ravi has a prior conviction, he is now liable to twice the punishment that would be imposed on a first-time offender.
Outcome: The court imposes a stricter penalty, which could include a longer imprisonment term or a higher fine, reflecting the enhanced punishment provision. This serves as a deterrent against repeat offences.
Conclusion: Compliance with licensing laws is crucial. Repeat offences lead to significantly harsher penalties, emphasizing the importance of adhering to...
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