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august 1988

Supreme Court of India · 1988-08-31

MOHD. AKHTAR HUSSAIN ALIAS IBRAHIM AHMED BHATTI vs ASSISTANT COLLECTOR OF CUSTOMS (PREVENTION)AHMEDABAD & ORS

Citation / case number
SC 1985/66939
Court
Supreme Court of India
Petitioner
MOHD. AKHTAR HUSSAIN ALIAS IBRAHIM AHMED BHATTI
Respondent
ASSISTANT COLLECTOR OF CUSTOMS (PREVENTION)AHMEDABAD & ORS
Author
K. SHETTY
Bench
K.J. SHETTY

Judgment text excerpt

The Supreme Court addressed the sentencing principles under Section 427 of the Criminal Procedure Code, 1973, emphasizing the single transaction rule for concurrent sentences. The Court held that while the enormity of the crime is relevant, the maximum sentence in one case should be considered when determining consecutive sentences. The Court found that the High Court's enhancement of the sentence was inappropriate, as the trial court had already imposed a reasonable sentence of 4 years R.I., leading to a total of 11 years imprisonment, which was deemed sufficient.

MOHD. AKHTAR HUSSAIN ALIAS IBRAHIM AHMED BHATTI vs ASSISTANT COLLECTOR OF CUSTOMS (PREVENTION)AHMEDABAD & ORS · Niyam