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1978 (10) TMI 39 - SC - Central ExciseWhether in view of the provisions of Section 43 of the Defence of India Act, 1962, the respondent was entitled to be released on probation of good conduct under the Probation of Offenders Act, 1958? Whether the bar to the respondent's invoking the benefit of the provisions of the Probation of Offenders Act has been removed by the expiry of the Defence of India Act? Held that:- The contention advanced on behalf of the appellant upheld that recourse to the provisions of the Probation of Offenders Act, 1958 cannot be had by the Court where a person is found guilty of any of the offences specified in Rule 126P(2)(ii) of the D.I. Rules relating to gold control which prescribes a minimum sentence in view of the emphatic provisions of Section 43 of the Defence of India Act. The question No. 1 is accordingly answered in the negative. In the instant case, not only was the criminal liability in respect of the aforesaid offences under Rule 126P(2)(ii) of the D.I. Rules duly made under the Defence of India Act, 1962 incurred by the respondent before the Defence of India Act came to an end but the penalty or punishment prescribed therefor was also incurred and imposed on him while the Defence of India Act was very much in force, the benefit of the aforesaid provisions of the Probation of Offenders Act, 1958 cannot be invoked by the respondent and he has to suffer the imprisonment awarded to him by the trial court in view of the unambiguous language of Section 1(3) of the Defence of India Act. The second contention urged by Mr. Javeri is, therefore, rejected and question No. 2 is also answered in the negative.
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