SUPERINTENDENT, CENTRAL EXCISE, BANGALORE vs BAHUBALI

The Supreme Court held that the provisions of the Probation of Offenders Act, 1958, specifically Sections 3, 4, and 6, are applicable to offences under the Defence of India Rules, despite the latter prescribing a minimum sentence of imprisonment. The Court ruled that the Defence of India Act, 1962, which includes Section 43, does not bar the application of the Probation of Offenders Act after its repeal. Consequently, the High Court's decision to release the respondent on probation was upheld, affirming the compatibility of both statutes.