STATE OF GUJARAT Vs. NATWAR HARCHANDJI THAKOR

JUDGEMENT

(1.) IN this group of criminal appeals, specially assigned to the Larger bench by the Hon'ble Chief Justice, the central theme, the core issue and the main point, in focus, has been, as to whether the trial Court, on being satisfied or in presence of special and adequate reasons peculiar to the accused, to be mentioned in writing, in the judgment of the Court, in finding accused guilty, "for a first offence" either by evidence or "by raising the plea of guilty" is competent to impose for such "first offence";

(2.) CHAPTER VII of the B. P. Act deals with the offences and penalties statutorily prescribed. This chapter consists of the provisions relating to the penalty for the offences committed under the B. P. Act. Section 66 provides for penalty in the case of person having committed offence in contravention of the provisions of the Act or of any Rule, Regulation or Order made or of any licence, pass, permit or authorisation issued thereunder, whereas, Section 85, B. P. Act, prescribes penalty for being drunk, for disorderly behaviour and drunk without permit or ineligible to hold permit under the B. P. Act. The relevant provisions of both the sections, firstly, need to be evaluated and examined for the purpose of interpretation and applicability, and adjudication of the points in Focus. Therefore, let us at the outset, have the benefit of those relevant statutory provisions, which read hereasbelow : statutory provisions : i. Section 66 (1) (b) along with the proviso for the first offence, reads hereasunder :

(3.) IN view of the important interpretative exercise and jurisprudential exposition, so far as, proviso to the minimum sentence in those provisions of B. P. Act is concerned, which, obviously, would have wider legal implications and far-reaching ramifications, it was thought expedient to request the learned Senior Advocate, Mr. P. M. Thakkar, to assist and enlighten the Court, as an "amicus curiae" to which, he spontaneously and unhesitatingly, responded and agreed to assist, and he has rendered very good and valuable assistance in this group of matters, and therefore, we place on record our appreciation and grateful thanks to him for his useful assistance.