1997 (2) TMI 103

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....T. Thomas, JJ.   [Order]. - Sub-section (2) of Section 377 of the Code of Criminal Procedure provides the manner in which an appeal against and order of sentence on the ground of its inadequacy can be preferred by the State Government. It reads as follows : 377 (2)"If such conviction is in a case in which the offence has been investigated by the Delhi Special Police Establishment con....

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....eals. Sub-section (2) afore re-produced provides that if an offence has been investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 (Act 25 of 1946) or by any agency empowered to make investigation into an offence under any Central Act other than this Code, the right of appeal on the ground of inadequacy of sentence vests with the ....

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....hin the scope of "Investigation" as the said term is understood in Section 377 (2) of the Code of Criminal Procedure. Sequally it was held that the Assistant Collector of Central Excise was not an `Agency' empowered to make investigation within the meaning of Section 377 (2) of the Code of Criminal Procedure. The foundation having toppled the conclusion recorded by the High Court was that the appe....

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....its inadequacy. Such power does not vest with the complainant. Here the appeals have been preferred by the complainant though the counsel engaged by the complainant happens to be the Central Government Public Prosecutor. Plainly a fiduciary relationship of client and counsel appears to have been established. No such situation is permissible under Section 377 (2) of the Code of Criminal Procedure. ....