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TMI Blog1998 (2) TMI 604X X X X Extracts X X X X X X X X Extracts X X X X ..... or 5 years awarded by the trial court to each of them is inadequate. Hence we issued notice to them on the proposal to enhance the sentence. The said accused, in reply to the notice, filed detailed written submission. We heard the arguments addressed by the senior counsel on behalf of those accused and also Shri V. R. Reddy, Addl. Solicitor General who argued for the Central Bureau of Investigation. 2. We may state at the outset that we would not, at this stage, review the finding regarding the conviction of the offence under Section 5 of TADA for the obvious reason that we confirmed the finding after considering in detail the contentions raised by the accused and the elaborate arguments addressed by the learned counsel. Further, we have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the present Code that in an appeal from conviction, the appellate court may reverse the finding and sentence and acquit or discharge the accused or alter the finding and maintain the sentence or with or without altering the finding alter the nature or the extent of the sentence but not so as to enhance the same. While incorporating the said restriction the present Code conferred a new right on the State or Central Government by Section 377 to present an appeal through the public Prosecutor on the ground of inadequacy of Sentence. Such appellate powers of the High Court are subject to the rider that the accused should be given a reasonable opportunity of showing cause against such enhancement and while showing such cause the accused ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns are conferred with by the present Code. 7. Powers of the Supreme Court in appeals filed under article 136 of the Constitution are not restricted by the appellate provisions enumerated under the CrPC or any other statute. When exercising appellate jurisdiction, the Supreme Court has power to pass any order. The aforesaid legal position has been recognized by the Constitution Bench of this Court in Durga Shankar Mehta V. Thakur Raghuraj Singh and Ors, [1955]1SCR267 and later followed in a series of decisions. Vide Arunachalam V. PSR Sadhanantham anr, 1979CriLJ875 , Delhi Judicial Service Association V. State of Gujarat Ors, 1991CriLJ3086. 8. The present appeals have not been filed under article 136 of the Constitution, but under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Anis V. Union of India, MANU/SC/0901/1994, Ahmadi J. (as the learned Chief Justice then was) by following the dictum in the above mentioned decisions has observed in paragraph 6, as follows: This power has been conferred on the Apex Court only and the exercise of that power is not dependent or conditioned by any statutory provision. The Constitutional plenitude of the powers of the Apex Court is to ensure due and proper administration of justice and is intended to be co-extensive in each case with the needs of justice of a given case and to meeting any exigency. Very wide powers have been conferred on this Court for due and proper administration of justice and whenever the court sees that the demand of justice warrants exercise of su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... agination that, had they not been timely intercepted by the alert and vigilant police force, the consequences would have been disastrous and calamitous. We have no manner of doubt that sentence of imprisonment of five years for the offence under Section 5 of the TADA in the circumstances of this case is too inadequate and it warrants enhancement. 14. The next question to be considered is, what should be the extent of the sentence. Section 5 of TADA prescribes punishment of imprisonment for a term which shall not be less than five years, but which may extend to imprisonment for life besides fine. When we found that the minimum sentence prescribed is too inadequate, we have to consider whether the maximum prescribed is attracted. 15. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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