Mandatory minimum sentence under the Andhra Pradesh Excise Act cannot be reduced below the statutory floor.

A court cannot reduce a sentence below the statutory minimum where the Andhra Pradesh Excise Act prescribes a mandatory minimum and gives no discretion to award a lesser term on special circumstances. The trial court had imposed the minimum sentence required by the statute, but the High Court reduced imprisonment to the period already undergone and set aside the fine. That reduction was contrary to the statutory mandate and was therefore impermissible; the challenge failed.

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Issues: Whether a court can reduce a sentence below the statutory minimum prescribed under the Andhra Pradesh Excise Act.

Analysis: The offence was punishable under the Andhra Pradesh Excise Act, and the minimum sentence fixed by the statute had already been imposed by the trial court. The High Court reduced the imprisonment to the period already undergone and set aside the fine, even though the Act prescribed a mandatory minimum sentence and did not confer any discretion to impose a lesser sentence on special circumstances. A sentence below the prescribed minimum was therefore contrary to the statutory mandate.

Conclusion: The reduction of sentence below the statutory minimum was impermissible and was rightly corrected; the challenge failed.

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