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TMI Blog1977 (8) TMI 171X X X X Extracts X X X X X X X X Extracts X X X X ..... he accused pleaded guilty to the charge and the learned Magistrate acted upon the plea and convicted him. However, it was pleaded before the Magistrate that the accused was a poor broker and had no proprietary interest in the silver and therefore mercy should be shown to him. For the brokerage which was a pretence, he had the temptation to act in the manner in which he did and by the very fact that he is prosecuted, this poor man is ruined. It was also argued on behalf of the prosecution before the Magistrate that the silver was meant for being exported to Bul-sar from which it could be inferred that the intention was obviously to illegally export outside India. It was also pointed out to the Magistrate that smuggler exports silver and impo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (3) of Cr. PC and the second point raised is whether the sentence requires to be enhanced. ( 6. ) So far as the first point is concerned the argument is that Section 377 of the present Cr. PC is a new provision permitting the State and the Central Government to file appeals against the sentence on the ground of its inadequacy. Sub-section (1) of that section which is in general terms permits the State Government to direct the Public Prosecutor to present an appeal in the High Court in any case of conviction on a trial held by any court other than a High Court , Having made such general and sweeping provision of filing appeals through a Public Prosecutor by the State Government in case of any conviction by any court other than the High ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s from the Central Government. Since all these four appeals are admittedly filed on the instructions of the State Government they are improperly filed and the Court should not entertain these appeals in view of the provisions of Section 377 (2), Cr. PC ( 8. ) A learned single Judge of this Court had previously taken the view that in the case of Central Acts where the investigation is carried by certain officers appointed under the Act, it would be for the Central Government alone to direct the Public Prosecutor to file an appeal under Sub-section (2) of Section 377. That view was taken so far as the provisions of the Forests Act were concerned. However, that view is no more good law, since the Supreme Court in deciding the appeal against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o us, the proper view of these provisions will be that the Customs Act has been enacted primarily for the enforcement of the provisions of the Customs Act and to prevent the evasion of duty in the matter of imports and exports. That is the primary function of the Customs Department and all the officers appointed under the Act are meant for that purpose. When they detect that duty has been evaded in a certain manner by a certain person they have a right to commence adjudication proceedings and levy penalty as well as confiscate the goods. Unless the Customs Department is satisfied that prosecution is necessary and to that effect a certificate is issued and prior consent is given by the Collector of Customs, no prosecution is filed in the Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Inspectors who have to perform several duties enumerated under the various provisions of the Act. The entire Act has been again prepared for the purpose of proper enforcement of the Drugs and Cosmetics Act. The primary idea is that no sub-standard drug shall be sold in the market and no one will sell even a genuine drug without a licence. This is the essence of the provisions of the Drugs and Cosmetics Act. To enforce this central idea the various provisions of the Act have been made and officers are appointed primarily for the purpose of enforcement of this Act. While doing so they discover that certain irregularities have been committed or there are acts or omissions which are in breach of the Act and Rules framed thereunder. Such breache ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... large quantity of silver is detected in respect of which he has not observed the provisions of Sections 11 (j), 11 (k) and 11 (1) would normally lead to the inference that he wants to do something clandestinely about this huge haul of silver. It does not appeal to us that a person who is mere carrier is much less involved in this nefarious trade of smuggling than the person at whose instance the goods are carried. In fact, unless there are carriers available the smuggling itself would be difficult. ( 15. ) Ordinarily we would have allowed this appeal and impose a sentence of six months imprisonment upon the respondent-accused. However, we are apprised of the fact that he was already in custody for 2 1/2 months, Even though technically t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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