Law: Control of Narcotic Substances Act, 1997

Section: XXV,6,9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 382(b)

Control of Narcotic Substances Act (XXV of 1997)-------Ss. 6 & 9(c)---Recovery of charas---Plea of guilt taken at belated stage of trial---Award of lesser sentence without fine---Legality---Private respondent with one more culprit was found possessing/transporting 65 kg. of charas through his car, for which the case was registered by ANF police---At the subsequent stage of the trial, plea of guilt was considered by the Trial Court and he was convicted and sentenced to undergo rigorous imprisonment for 05 years with the benefit of S.382(b), Cr.P.C., without fulfilling mandatory requirement of imposing a fine upon him, which was assailed by the State/ANF before the High Court by preferring a revision application---Plea of the guilt of an accused could be recorded once that too soon after framing of the charge--There was nothing in law or procedure which may permit the Courts to accept the plea of the guilt of an accused at subsequent stage of trial by making an application---More than 10 k.g. charas was recovered from the respondent, which as per law entailed the punishment of death/imprisonment for life and fine---Imprisonment of 05 years to the respondent on the basis of his so-called plea of guilt was not a legal sentence that could be sustained---Lesser sentence awarded to respondent was set aside with a direction to Trial Court to proceed with the case further as per law---Since the case was 19 years old, thus, the respondent was allowed to continue with bail subject to furnishing a fresh surety and PR bond---Criminal revision was disposed of accordingly.Date of hearing: 13th August, 2024.JUDGMENTIRSHAD ALI SHAH, J.---The facts, in brief, necessary for the disposal of the instant Revision Application are that the private respondent with one more culprit was found possessing/transporting 65 kg. of Charas through his car, for which the present case was registered by ANF police. At the subsequent stage of the trial, the private respondent by making an application accepted his guilt; it was considered his plea to the guilt and then was convicted for the said offence and sentenced to undergo RI for 05 years with the benefit of Section 382(b)…