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1997 (2) TMI 103 - SC - Central Excise
Issues involved: Interpretation of Section 377(2) of the Code of Criminal Procedure regarding the right of appeal on the ground of inadequacy of sentence by the Central Government through the Public Prosecutor in cases investigated by specific agencies.
Summary: The Supreme Court considered the appeal process outlined in Section 377(2) of the Code of Criminal Procedure, which allows the Central Government to direct the Public Prosecutor to appeal against a sentence's inadequacy in cases investigated by designated agencies. In this case, appeals were filed by the Assistant Collector of Central Excise, but the High Court questioned whether the Customs Officer could be considered an agency empowered to investigate under the Indian Customs Act, as required by Section 377(2). The High Court concluded that the Customs Officer did not fall within the scope of "Investigation" as defined in the provision, and thus, the appeals filed by the Assistant Collector were deemed incompetent and dismissed. The Supreme Court emphasized that the power to appeal against an inadequate sentence under Section 377(2) lies with the Central Government, specifically through the Public Prosecutor, and not with the complainant. The Court highlighted that the law presumes the Central Government, acting through its Public Prosecutor, as the entity authorized to address sentencing inadequacies before the High Court. Therefore, appeals filed by the complainant, even if represented by the Central Government Public Prosecutor, were considered legally invalid. As the competency of the appeals was not established, the Court did not delve into the question of whether a Customs Officer qualifies as an empowered agency under the Indian Customs Act for the purposes of Section 377(2). Ultimately, the Supreme Court dismissed the appeals, reiterating that only the Central Government, through the Public Prosecutor, has the authority to appeal against inadequate sentences under Section 377(2) of the Code of Criminal Procedure.
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