Locus standi in sentence-inadequacy appeals denied to complainant; only the Public Prosecutor may proceed under government direction.

An appeal against inadequacy of sentence under the Code of Criminal Procedure could be maintained only by the Central Government through the Public Prosecutor acting under its direction; the complainant had no independent locus standi to institute such an appeal. The complainant's right to appeal was confined to the statutory scheme governing appeals against acquittal, not to an appeal for sentence inadequacy. The objection to competency was therefore upheld, and the appeals failed for want of maintainability, without deciding the broader question whether the Customs Department was an agency empowered to investigate for that purpose.

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Issues: Whether an appeal against inadequacy of sentence under Section 377(2) of the Code of Criminal Procedure could be maintained by the complainant through the Central Government Public Prosecutor.

Analysis: Section 377(2) confers the right to appeal against inadequacy of sentence on the Central Government, and the appeal must be presented by the Public Prosecutor acting under its direction. The complainant has no independent right or locus standi to institute such an appeal. The complainant's right to appeal is confined to the statutory scheme relating to appeals against acquittal, not to appeals under Section 377(2).

Conclusion: The appeal was not maintainable at the instance of the complainant, and the objection to competency was upheld.

Final Conclusion: The appeals failed on the ground of lack of competency and were dismissed without the Court deciding the broader question whether the Customs Department was an agency empowered to investigate for the purposes of Section 377(2).

Ratio Decidendi: An appeal against inadequacy of sentence under Section 377(2) can be presented only by the Public Prosecutor acting on the Central Government's direction, and the complainant has no locus standi to maintain such an appeal.

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