Himmat Singh & Ors VS. I.C.I. India Ltd. & Ors

Extract

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Himmat Singh & Ors VS. I.C.I. India Ltd. & Ors

The Judgement Information System REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. OF 2008

[Arising out of SLP (Crl.) No.4285 of 2007]

State of Punjab Versus Prem Sagar & Ors. ...

Respondents JUDGMENT

S.B. SINHA, J : 1. Leave granted.

2. In our judicial system, we have not been able to develop legal principles as regards sentencing.

The superior courts except making observations with regard to the purport and object for which punishment is imposed upon an offender, had not issued any guidelines. Other developed countries have done so.

2 At some quarters, serious concerns have been expressed in this behalf.

Some Committees as for example Madhava Menon Committee and Malimath Committee have advocated introduction of sentencing guidelines.

3. Before, however, we delve into the said question, we may notice the fact of the matter.

Respondents herein were convicted for commission of an offence under Section 61(1) of the Punjab Excise Act for carrying 2000 litres of rectified spirit. They were sentenced to undergo an imprisonment for a period of one year.

4. The High Court, however, by reason of the impugned judgment purported to be upon taking into consideration the fact that the ...

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