Union competence governs remission power for counterfeit currency offences, leaving the State Government without authority to remit sentence.

Offences under Sections 489A to 489D of the Indian Penal Code, concerning currency notes and bank notes, fall within the Union List and therefore within the Union's legislative and executive sphere. On that basis, the power of remission under the Code of Criminal Procedure, 1898 belongs to the appropriate Government that has executive competence over the offence. The constitutional scheme under Articles 72, 161, 162 and 73 links remission power to legislative competence. Accordingly, the State Governor could not exercise remission under Article 161 for such offences, and the Central Government was the competent authority to grant remission.

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Issues: Whether the Central Government or the State Government was the appropriate Government competent to remit the sentence of a person convicted under Sections 489A to 489D of the Indian Penal Code, 1860.

Analysis: The power of remission under the Code of Criminal Procedure, 1898 vests in the appropriate Government, which is Central Government where the offence is against a law relating to a matter within the executive power of the Union and State Government in other cases. The constitutional scheme under Articles 72, 161, 162 and 73 links executive power with legislative competence. Offences under Sections 489A to 489D of the Indian Penal Code, 1860 relate to currency notes and bank notes, a subject falling within the Union List. Those provisions therefore concern a matter within the legislative and executive sphere of the Union, and the Governor of the State could not exercise remission power in respect of such offences under Article 161.

Conclusion: The Central Government was the appropriate Government competent to grant remission, and the State Government had no such power.

Ratio Decidendi: Where an offence under the Indian Penal Code relates to a matter exclusively within Union legislative competence, the power to suspend or remit sentence belongs to the Central Government and not the State Government.

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