Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Defence of India Act 1962 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | General Clauses Act, 1897 (10 of 1897) Defence of India Act, 1962 (51 of 1962) Probation of Offenders Act, 1958 (20 of 1958) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Defence of India Act 1962 - Section 1(3) 43 - Defence of India Rules 1963 - Rules 126, 2(d) (ii) 126P(2) and 126 l - Probation of Offenders Act 1958. Sec. 4, 6 - General Clauses Act, Sec. 6 - Whether provisions of Probation of Offenders Act apply to offences under Defence of India Act and Rules -Whether bar of Defence of India Act apply after it is repealed. The respondent was charged for violating rule 126 (H), 2(d) (ii) of the Defence of India (Amendment.) Rules, 1963 relating to Gold Control and Rule 126-I before the Magistrate First Class, Bangalore and under Sec. 135 of the Customs Act, 1962 and Rule 126 of the Defence of India Rules. The Magistrate acquitted the Respondent of the charge under Sec. 135 of the Customs Act but convicted him for the offence under Defence Of India Rules and sentenced him to rigorous imprisonment and fine of Rs. 2,000/-. The Central Excise Department preferred an appeal to tho High Court against the acquittal of the Respondent and the Respondent filed a revision challenging his conviction and sentence. The High Court came to the conclusion that the offence under Rule 126-P(2){ii) of the Defence of India Rules was proved against the Respondent and that the minimum sentence prescribed was six months. The High Court however released the Respondent on probation of good conduct for a period of three years under the Probation of Offenders Act, 1958 on his furnishing Bond in the sum of Rs. 2,000/- with one surety, over ruling the objection raised on behalf of the department that the provisions of the Probation of Offenders Act, 1958 cannot be invoked in case of offences under the Defence of India Rules which prescribe a minimum sentence of imprisonment. In an appeal by special leave the Department contended that the provisions of sections 3, 4 and 6 of the Probation of Offenders Act, 1958 are inconsistent with the provisions of Defence of India Rules which prescribe minimum sentence of imprisonment for offences specified therein. Sec. 43 of Defence of India Act 1962 which is a later Act than the Probation of Offenders Act, 1958 and which contains a non-obstante clause must prevail over the provisions of the Probation of Offenders Act.The Respondent contended : (1) There is no inconsistency between the provisions of Probation of Offenders Act, 1958 and provisions of Rule 126 (2) of the Defence of lndia Rules. The provisions of Probation of Offenders Act are based on the combination of the deterrent and reformative theories of the measure of punishment in due proportion far from being destructive of the provisions of the Defence of India Act, 1962 are supplemental thereto and provide an equivalent to the sentence prescribed therein.(ii) The Defence of India Act, 1962 which was a temporary measure has long since expired. Therefore, Sec. 43 of the Act no longer operates as a bar to the respondent continuing to remain on probation of good conduct. |
Judge | Hon'ble Mr. Justice Jaswant Singh |
Neutral Citation | 1978 INSC 197 |
Petitioner | Superintendent, Central Excise, Bangalore |
Respondent | Bahubali |
SCR | [1979] 1 S.C.R. 1104 |
Judgement Date | 1978-10-05 |
Case Number | 58 |
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