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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.
Supreme Court of India Cites 10 - Cited by 50 - H R Khanna - Full Document
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