Niyam v2 is live — start for just ₹100 — 200 credits to try

january 1974

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.

ARVIND MOHAN SINHA vs AMULYA KUMAR BISWAS & ORS. · Niyam