No independent right to appeal against sentence inadequacy under Section 377 CrPC; only the Government may invoke it.

Section 377 of the Code of Criminal Procedure confines appeals against inadequacy of sentence to the State or Union Government, and in cases under sub-section (2), to an appeal directed by the Central Government through the Special Public Prosecutor. Applying the Supreme Court's interpretation of that provision, the Bombay High Court held that an Assistant Collector of Customs had no independent right to file such an appeal. The appeal was therefore incompetent and could not be maintained.

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Issues: Whether an Assistant Collector of Customs could maintain an appeal against inadequacy of sentence under Section 377 of the Code of Criminal Procedure, 1973.

Analysis: The statutory scheme of Section 377 confines an appeal against inadequacy of sentence to the State or Union Government, and in cases covered by sub-section (2), to an appeal directed by the Central Government through the Special Public Prosecutor. Relying on the Supreme Court decision on the point, the Court held that an Assistant Collector of Customs had no independent right to prefer such an appeal.

Conclusion: The appeal was incompetent and could not be maintained.

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