Supreme Court of India · 1974-01-17
ARVIND MOHAN SINHA vs AMULYA KUMAR BISWAS & ORS.
- Citation / case number
- SC 1970/60180
- Court
- Supreme Court of India
- Petitioner
- ARVIND MOHAN SINHA
- Respondent
- AMULYA KUMAR BISWAS & ORS.
- Bench
- CHANDRACHUD, Y.V.
Judgment text excerpt
The Supreme Court held that the Probation of Offenders Act, 1958, applies to offences under the Customs Act, 1962, and the Defence of India Rules, 1962, specifically regarding Gold Control. The Court emphasized that while these offences may threaten the economy and security, not every violation warrants severe punishment, and the Act's reformative purpose should be upheld. The Court ruled that the minimum sentence prescribed under the Defence of India Rules cannot override the provisions of the Probation of Offenders Act, allowing for rehabilitation rather than incarceration for novice offenders.