Mandatory Penalties Without Mens Rea: Assess Each Case Individually; Authorities Should Have Discretion in Minor Delay Instances.

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....Constitutional validity of mandatory penalty even in the absence of mens rea - Each case must be decided on its own facts and circumstances. There may be cases where the delay is only of a day or two and the authorities must be given the discretion to impose the penalty which they feel is reasonable in the facts and circumstances of the case - HC....