Search Results Page
Search Results
1 - 8 of 8 (0.25 seconds)Section 34 in The Indian Penal Code, 1860 [Entire Act]
The Customs Act, 1962
Section 108 in The Customs Act, 1962 [Entire Act]
Balkrishna Chhaganlal Soni vs State Of West Bengal on 22 October, 1973
The ineffectiveness of prosecutions in arresting
the wave of white-collar crime must disturb the Judge's
conscience. While courts agree that penal treatment
should be tailored to the individually the extreme
category of professional economic offenders,
incarceration is peculiarly potent. When all is said and
done, the offences for which the appellant has been
convicted are typical of respectable racketeers who
tempted by the heavy payoff the peril of the law and hope
that they could smuggle on a large scale and even if
struck by the Court they could get away with a light
blow." (Balkrishna Chhaganlal Soni v. State of West
Bengal, AIR 1974 S.C 120); {para 18 & 19 at page Nos.
124 & 125 respectively}; (v) that "it must be realized
that economic offence like smuggling shake and wreak the
entire national economy. Sympathy for those who are
virtually the enemies of the people is difficult to
comprehend. It is unnecessary to fall on the shoulders
of such an offender and join with him in the sobbing.
When Parliament (which represents the will of the people)
views these offences with gravity and alarm one cannot be
excused for projecting one's own philosophy to the
contrary and in virtually nullifying the will of the
Parliament by refusing to faithfully enforce the law.
Misplaced sympathy in such matters shakes the faith of
people in the judicial system and tarnishes its image.
Merely because big smugglers hide behind the skirt of
these small operators or linkmen and the big guns escape,
these offenders cannot be treated with ultra and uncalled
for sympathy. The big operators cannot operate if the
small operators do not extend their willing hand.
Section 120 in The Customs Act, 1962 [Entire Act]
State Of Gujarat vs Manharlal Ambalal Soni on 7 July, 1975
The
chain has to be broken and a sentence which would deter
the particular offender, as also those who are
like-minded, must be imposed (State of Gujarat vs.
Manharlal Ambalal Soni, 17 GLR 427).
The Passports Act, 1967
1