TMI BlogPetitioner's plea for a lenient treatment u/s. 4 of the probation of Offenders Act.X X X X Extracts X X X X X X X X Extracts X X X X ..... sore High Court, on appeal by the accused, have rejected the petitioner's plea for a lenient treatment u/s. 4 of the probation of Offenders Act. The Court observed that "smuggling is an anti-social act affecting the economy of the State, and unless there are special circumstances, it is not desirable for the Court to release the offenders under the probation of Offenders Act". An extract of the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e punishable with death or imprisonment for life. It is contended by the learned Counsel that the petitioner is a student and is not a smuggler and he is a first offender and therefore, it is a fit case wherein this Court may release the petitioner u/s. 4 of the Probation of Offenders Act. Before a person can be released u/s. 4(1) of the Probation of Offenders Act, the Court must be of opinion tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d gold. It is also clear from the evidence that the had hidden this gold in his underwear pocket. From the facts and circumstances of the case, I am of opinion that this is not a fit case for the release of the petitioner u/s. 4 of the Probation of Offenders Act...." What is true of smuggling is also true of offences under the Direct Taxes Laws which are also anti-social acts affecting the econo ..... X X X X Extracts X X X X X X X X Extracts X X X X
|