Law: Criminal Procedure Code (V of 1898)

Section: 439(1), (5)

Law: Sea Customs Act, 1878

Section: 167(81)

(a) Criminal Procedure Code (V of 1898) S. 439(1) & (5) Revision-High 'Court's power to convert appeal into revision under subsection (1) of S. 439-Unfettered-Subsection (1) independent of subsection (5) of S. 439, Cr. P. C., 1898. Rustam Ali Mia Bhuyfa v. The State 9 D L R 424 ; Alok Kumar Mitra and others v. The State 21 D L R 1 and Cr. R. C. Nos. 254, 237 and 238 of 1969 ref. (b) Criminal trial Sentence-Accused suffering in jail for last 4 years and also losing their bullock and goods same having been confiscated on conviction under S. 167(81), Sea Customs Act Sentence in circumstances reduced to period already undergone Sea Customs Act (VIII of 1878), S. 167(81). Date of hearing : 30th April 1970. JUDGMENT NURUL ISLAM, J.--This appeal arises out of an order of conviction and sentence passed on 7-6-66 by Mr. M. Meherullah, Magistrate, 1st Class, Meherpur under section 167(8,1) of the Sea Customs Act. Mr. Muhammad Abdul Haque, the learned Advocate appearing on behalf of the appellants prays for converting the said appeal into 'a revision in view of the fact that it has been decided in the case of Alok Kumar Mitra and others v. The State (21DLR1), that an appeal in such a case would lie to the Court of Session and that the instant appeal was filed long before the said Division Bench decision and .at a point of time when there was doubt as to the forum of appeal in such cases. Mr. Haque, the learned Advocate for the appellants submits that he is not oblivious of the fact that in case it is converted into revision he will not be able to argue the case on facts. He, however, proposes to make his submission only on the ground of sentence. Mr. A. T. M. Masud, the learned D. L. R. appearing on behalf of the State has no objection to convert the appeal into a revision and he is of the view as he submits before this Court that this Court has jurisdiction under section 439, subsection (1) of the Code of Criminal Procedure to convert the appeal into a revision. In this respect he has referred to us a decision in the case of Rustam Ali Mia Bhuiya v. The State (9DLR424). In the said Division Bench case Mr. Justice Hamoodur Rahman (as his Lordship then…