AIR 1974 SUPREME COURT 31 ::(1974) 3 SCC 531 ::1975 AllCriC 23 ::1974 SCC(Cri) 6 ::1974 MadLJ(Cri) 263 ::1974 (1) SCR 852 ::(1974) 1 SCJ 576 ::1973 SCD 1046

Supreme Court Of India

(V 61 C 7) (From : Andhra Pradesh)

Hon'ble Judge(s): H. R. Khanna, R. S. Sarkaria , JJ

Index Note :- Criminal P.C. (5 of 1898) , S.401, S.402(3)— Remission of sentence - "Appropriate Government" - Conviction under Ss. 489-A to 489-D, I.P.C. - The 'appropriate Government' competent to remit the sentence of the convict is the Central Government and not the State Government. X-Ref: Constitution of India , Art.72, Art.161, Sch.VII List I Entry 36, Sch.VII List I Entry 93, Sch.VII List III Entry 1— Brief Note:- (A) In view of entries 36 and 93 of the Union list in the Seventh Schedule of the Constitution currency Notes and Bank Notes, to which the offences under Ss. 489-A to 489-D, I.P.C. relate, are matters which are exclusively within the legislature competence of the Union Legislature. Therefore the offences under Ss. 489-A to 489-D are the offences relating to a matter to which the executive power of the Union extends.(Para 9) Further, a plain reading of entry 1 of the concurrent list would show that @page-SC32 the ambit of 'criminal law' was first enlarged by including in it the Penal Code, and, thereafter, from such enlarged ambit all offences against laws with respect to any of the matters specified in list 1 or 2 were specifically excluded. This excluding clause in Entry 1, List 3 read with Entries 36 and 93 of List 1 shows beyond all manner of doubt that in respect....