Court : Supreme Court of India
Reported in : AIR1975SC1590; [1978]2SCR405
ORDER1. Right at the beginning, I must record appreciation of the 'valuable assistance given by counsel on both sides to the Court in clarifying the twilit aspects and unraveling the latent facets of what, viewed in. typically isolated legal perspective, unturned to the national wave-length and unclouded by the dust-storms of politics, is a hum-drum case. Having regard to the obstreperous environs and mounting tensions surrounding the events following upon the judgment of the Allahabad High Court, it must be stated to the credit of Shri Palkhivala and Shri Shanti Bhushan that in their suave submissions they have shown how sound and fury only help thwart the thought-ways of law and extra-legal tumults can be walled off from the Court hall. The arguments have been largely legal and their merits have to be weighed in judicial scales. What, perhaps in a certain view, are not strictly pertinent to the stay proceedings have, however, been adverted to at the bar, inevitably and understandably...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC2205; 1976CriLJ1721; (1975)2SCC406; [1975]SuppSCR489; 1975(7)LC549(SC)
ORDER1. I am reluctant to leave this matter with the usual monomial order since the submission of the learned Counsel has sought to cast an unmerited doubt on the undoubted jurisdiction of the High Court in acting suo motu in criminal revision in appropriate cases. The attempt has to be nipped in the bud.2. In this case, the petitioner was found in illegal possession of ganja weighing 7 kgs. and was convicted by the Metropolitan Magistrate, Delhi, under Section 61(a) of the Punjab Excise Act as extended to Delhi and sentenced to two months' rigorous imprisonment. With no right of appeal available, there was an unsuccessful revision application before die Additional Sessions Judge, Delhi. The petitioner then moved the Delhi High Court under Section 482 of the CrPC, 1973 (Act II of 1974) read with Article 227 of the Constitution against the conviction. This time he was worse off as the High Court thought that the sentence awarded was inadequate and by in invoking its revisional jurisdict...
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