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High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE M.K. NATARAJAN
Assistant Collector of Central Excise and Another - Appellant
Versus
Abdul Wahab and Another - Respondent
Case No : Criminal Appeals Nos. 463/77 and 837/79
Decided On : 21 June 1984
Section 377(2) - Maintainability of Appeals - The court held that an appeal preferred by the Assistant Collector of Central Excise under Section 377(2), Cr. P.C. through his Counsel, on the ground of inadequacy of sentence awarded, is not competent, and is liable to be dismissed for that reason.
Fact of the Case:
The appeals were filed by the Assistant Collector of Central Excise and Assistant Collector of Customs for enhancement of sentence under Section 377(2) Criminal Procedure Code.
Finding of the Court:
The court found that the appeals were not maintainable based on the decision of a Bench of the Court in a similar case.
Issues: The main question involved in both the appeals was about the maintainability of the appeals.
Ratio Decidendi: The court's decision was influenced by the precedent set in a previous case, where it was held that such appeals are not competent.
Final Decision: The appeals were dismissed on the ground that the Assistant Collector of Central Excise is not competent to file the appeals for enhancement of sentence under Section 377(2), Cr. P.C.
Both the appeals have been filed by the Assistant Collector of Central Excise, Vellore and Assistant Collector of Customs, Madras-1 for enhancement of sentence under Section 377(2) Criminal Procedure Code.
2.The main question involved in both the appeals is about the maintainability of the appeals. My attention was drawn to the decision of a Bench of this Court inAssistant Collector of Central Excise (Preventive) Madrasv.V. Krishnamurthy (1)wherein Natarajan, J. and Ratnavel Pandian, J. have held that an appeal preferred by the Assistant Collector of Central Excise under Section 377(2), Cr. P.C. through his Counsel, on the ground of inadequacy of sentence awarded, is not competent, and is liable to be dismissed for that reason. In view of the Bench judgment, these two appeals have to be dismissed on the ground that the Assistant Collector of Central Excise is not competent to file the appeals for enhancement of sentence under Section 377(2), Cr. P.C. Hence dismissed.
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