Single judge order converting the filed revision into an appeal against a conviction and sentence in Special NDPS Case, noting inadequate explanation for the wrong procedural filing under Section 376(B) CrPC.
Order to convert the revision into an appeal and list the matter for hearing on 19.01.2022.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010076052021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./9/2022
KISHORI DAS S/O LATE GHANA KANTA DAS VILL- SANKAR NAGAR, WARD NO. 5 P.O. UDALGURI, P.S. UDALGURI DIST. UDALGURI, ASSAM, PIN-784509
VERSUS
THE STATE OF ASSAM REP. BY THE LD. PP, ASSAM
Advocate for the Petitioner : MR. S CHAUHAN
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
10.01.2022.
Heard the learned counsel for the petitioner.
The revision has been preferred against the judgment and order of conviction, passed by the
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learned Special Judge, Udalguri, in Special (NDPS) Case No.20/2017, whereby the accused/petitioner has been convicted to undergo R.I. for three months and imposed a fine of Rs.1,000/-, in default S.I. for another 10 days.
Although the learned counsel for the petitioner contended that the revision will lie against the offence, in view of the sentence below three months, under the provision of Section 376(B) CrPC; but the same is not applicable in as much as the offence is not a petty offence and the amount of fine exceeds Rs.200/-. However in terms of Section 401(5) CrPC, such a revision can be converted into an appeal, when the revision was preferred under erroneous belief. Accordingly, let the revision be converted into an appeal and the Registry will do the needful. List the matter on 19.01.2022 in the motion column of the cause list.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the revision against a conviction sentence of three months renderable under Section 376(B) CrPC can be maintained.
Whether the revision should be converted into an appeal under Section 401(5) CrPC due to erroneous belief.
Kishori Das s/o Late Ghana Kanta Das
The State of Assam rep. by the LD. PP, Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
