9911796707
TMI Blog2004 (4) TMI 586X X X X Extracts X X X X X X X X Extracts X X X X ..... Delhi High Court while upholding that the respondent- accused's conviction under the Prevention of Corruption Act, 1988 (in short the 'Act'), was in order, further held him to be entitled to the benefits available under Section 360 of the Code of Criminal Procedure, 1973 (in short the 'Code'). The State has questioned legality of latter view. Factual background in short is as follows : Respondent-accused was serving as Commercial Superintendent of the erstwhile DESU office. Proceedings under the Act were initiated against him for alleged commission of offence punishable under Sections 7, 13(2) read with Section 13(1)(d) of the Act for demanding and accepting bribe of ₹ 1,500/- from a consumer Mahabir Prasad ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt cannot reduce the sentence any further. Reference was made to a decision of this Court in State of J K vs. Vinay Nanda [2001(2) SCC 504]. The severity of the offence and the chain reaction of any offence under the Act generated clearly makes Section 360 inapplicable. The statutory object cannot be diluted by indirectly reducing the minimum sentence. By operation of Section 8 of the General Clauses Act, 1897 (in short the 'General Clauses Act'), the bar as contained in the old Act clearly applies to the Act also. In response, learned counsel for the respondent-accused submitted that the High Court having invoked powers under a beneficial provision i.e. Section 360 of the Code no interference is called for while exercising j ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fferent intention is expressed by the legislature, the reference to the repealed Act would be considered as reference to the provisions so re-enacted. The decisions referred to by learned counsel for the respondent to show that this Court had on account of delay extended benefits under Probation Act or Section 360 of the Code cannot have any precedent value being without reference to statutory bars and shall have to be treated as having been rendered per incuriam. The commission of the offending Act was on 20.1.95 by the respondent who was an employee of the Delhi Vidyut Board and by a judgment dated 8.9.99 in C.C.No.59/99, the Special Judge Delhi convicted the respondent under Section 7 of the Act and passed a sentence of 20 months R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is Act lays down that, subject to the provisions of Section 18, Section 562 of the Criminal Procedure Code, 1898 (hereinafter referred to as `Old Code') shall cease to apply to the States or parts in which the Probation Act is brought into force. Old Code came to be repealed and replaced by the Code and Section 360 of the Code is the corresponding provision to Section 562 in the Old Code. In Bishnu Deo Shaw v. State of West Bengal (AIR 1979 SC 964), this Court ruled that Section 360 of the Code re enacts in substance Section 562 of the Old Code. That apart Section 18 of the Probation Act stipulates that nothing in the said Act shall affect the provisions of Section 31 of the Reformatory Schools Act, 1897 or sub-Section (2) of Section 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion so re-enacted.] The object of the said provision, obvious and patently made known is that where any Act or Regulation is repealed and re-enacted, references in any other enactment to provisions of the repealed former enactment must be read and construed as references to the re-enacted new provisions, unless a different intention appears. In similar situations this Court had placed reliance upon Section 8 of the General Clauses Act to tide over the situation. In New Central Jute Mills Co. Ltd. vs. The Astt. Collector of Central Excise, Allahabad and others (AIR 1971 SC 454), this Court held it to be possible to read the provisions of the Customs Act, 1962 in the place of Sea Customs Act, 1878 found mentioned in Section 12 of the Cent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... six months and one year respectively in addition to the maximum sentences as well as imposition of fine. Section 28 further stipulates that the provisions of the Act shall be in addition to and not in derogation of any other law for the time being in force. In the case of Superintendent Central Excise, Bangalore vs Bahubali, (AIR 1979 SC 1271), while dealing with Rule 126-P (2) (ii) of the Defence of India Rules which prescribed a minimum sentence and Section 43 of the Defence of India Act, 1962 almost similar to the purport enshrined in Section 28 of the Act in the context of a claim for granting relief under the Probation Act, this Court observed that in cases where a specific enactment, enacted after the Probation Act prescribes a minim ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
