Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Criminal trial-Sentence-Imposition of fine-Guiding |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Criminal trial—Sentence—Imposition of fine—Guiding principles—Circumstances of accused—Proportion between offence and penalty—Very heavy fines with imprisonment condemned—Black marketing—Punishment—Supreme Court—Practice—Criminal appeals Interference with sentence. The determination of the right measure of punishment is often a point of great difficulty and no hard and fast rule can he ti.id down; it being a matter of discretion which is to be guided by a variety of considerations, but the Court has always to bear in mind the necessity of proportion between an offence and the penalty. In imposing a fine it is necessary to have as much regard to the pecuniary circumstances of the accused persons as to the character and magnitude of the offence and where a substantial term of imprisonment is inflicted, an excessive file should not accompany it, except in exceptional cases. Though the offence of black-marketing is very generally prevalent in this country at the present moment and when ii: is brought home against a person no leniency in the matter of sentence should be shown 3;0d a certain amount of Severity may be Yet appropriate and even called for, yeti, when a substantial sentence of imprisonment has been awarded especially to a commission agent, imposition of unduly heavy fines which may have been justified to some extent in ~e case of principals, is not called for. It is not the practice of the Supreme Court to interfere by :special leave in the matter of punishment imposed for crimes committed, except in exceptional cases where the sentences are unduly harsh and do not really advance the ends of justice. [The Court interfered in these cases and reduced the sentences on the ground that the fines imposed , were very heavy and quite disproportionate to the offences.] |
Judge | Honble Mr. Justice Mehr Chand Mahajan |
Neutral Citation | 1951 INSC 54 |
Petitioner | Adamji Umar Dalal |
Respondent | The State Of Bombay |
SCR | [1952] 1 S.C.R. 172 |
Judgement Date | 1951-11-26 |
Case Number | 54 |
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