The punishment meted out to Sunjay Dutt is really harsh. On one side, the Judge has held that he is not a terrorist. If he is not a terrorist, then, why is he being punished so harshly under the Arms Act? Perhaps, the Judge is trying to show that he is being fair and is trying to evade the backlash from other accused whom he has held punished. If he is trying that, then, he has really gone out of his way to show fairness. An offence under the Arms Act is a serious offence. However, given the circumstances of this case, Dutt could have been let off under the Probationer's Act.