https://www.taxtmi.com/caselaws?id=40531 A special rule prescribing a mandatory minimum sentence with no judicial discretion to grant probation prevails over the Probation of Offenders Act, 1958. Section 43 of the Defence of India Act, 1962 gave overriding effect to the Defence of India rules, and the minimum-sentence mandate under Rule 126P(2)(ii) was inconsistent with probationary relief; probation could not therefore be applied. The expiry of the Defence of India Act did not remove that bar, because the saving provisions preserved liabilities and penalties incurred while the Act was in force. The appeal succeeded, the High Court order was set aside, and the revision was remitted for disposal on merits. en-us Thu, 05 Oct 1978 00:00:00 +0530 Fri, 03 Feb 2017 17:19:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=40531 A special rule prescribing a mandatory minimum sentence with no judicial discretion to grant probation prevails over the Probation of Offenders Act, 1958. Section 43 of the Defence of India Act, 1962 gave overriding effect to the Defence of India rules, and the minimum-sentence mandate under Rule 126P(2)(ii) was inconsistent with probationary relief; probation could not therefore be applied. The expiry of the Defence of India Act did not remove that bar, because the saving provisions preserved liabilities and penalties incurred while the Act was in force. The appeal succeeded, the High Court order was set aside, and the revision was remitted for disposal on merits. Case-Laws Central Excise Thu, 05 Oct 1978 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=40531