Under the Chhattisgarh Excise Act, what happens to a bond executed under Section 36D if the conviction is set aside on appeal?

  1. The bond remains valid
  2. The bond is transferred to another case
  3. The bond becomes void
  4. The bond is reduced in value

Answer (Detailed Solution Below)

Option 3 : The bond becomes void

Detailed Solution

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The correct answer is Option 3

Key Points

  • Under the Chhattisgarh Excise Act:
    • Section 36D deals with the execution of bonds to ensure compliance with excise laws.
    • If a person is convicted under the Act and has executed a bond under Section 36D, certain legal obligations are imposed on them.
    • However, as per Section 36D(3), if the conviction is set aside on appeal, the bond automatically becomes void.
    • This provision ensures that individuals are not unfairly bound by legal obligations if their conviction is overturned.
  • The bond remains valid:
    • This option is incorrect because the bond does not remain in force once the conviction is overturned. Section 36D(3) specifically states that the bond becomes void.
  • The bond is transferred to another case:
    • This option is incorrect because there is no provision under Section 36D for transferring the bond to another case. The bond is specific to the original case and conviction.
    • The bond is reduced in value:
      • This option is incorrect because the law does not provide for a reduction in the value of the bond upon an overturned conviction. The bond becomes void entirely.
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