Section 319 in Rules under the United Provinces Excise Act, 1910
319. Principles to be observed in proposing appeal against acquittal or in filing revision.
- The Assistant Excise Commissioner shall take the following facts into consideration while recommending preferment of an appeal or revision in a case.(i)No recommendation for appeal for revision, in any case ending in acquittal or discharge, should be made unless there are clear grounds for suspecting miscarriage of justice or unless the judgment of the court is so perverse or so hopelessly wrong or so opposed to the evidence on record as to suggest partiality or dishonesty.(ii)In any case in which acquittal or discharge is based on wrong application of law, it is advisable to file an appeal or revision in order to obtain an authoritative interpretation of law.(iii)No application for enhancement of sentence should be recommended unless the case is really important and the punishment awarded grossly in commensurate with the offence.
