Supreme Court · 1974 INSC 13 · Decided 17 January 1974
Arvind Mohan Sinha v. Amulya Kumar Biswas & ORS.
- Court
- Supreme Court of India
- Citation
- 1974 INSC 13 · [1974] 3 S.C.R. 133
- Case number
- CRIMINAL APPEAL No. 114/1970
- Decided
- 17 January 1974
- Bench
- S.N. DWIVEDI, Y.V. CHANDRACHUD (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- Constitution Article 134(1)(c); Customs Act Section 135, 135(bXii)
Headnote
Probation of o.f(enders Act, 20of1958-Whetiier applies to offe11ces 1u1der Customs Act, 1962, and offences under Part XII-A. Defence of India Rules, 1962. · Defence of India Rules, 1962, r. 1261 and J26P-'Gold' if Includes smuggled gold. On the question (1) whether the Probation of to those under Part XU-A of the Defence of India Rules, 1962, relating to Gold Control, and (2) \Vhether under the scheme of the Gold Control Rules, smuggled gold is not comprehended under r. 126p. HELD: (1) These a~c n1ostly ·economic offences which in conceivable cases, may pose a
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