Section 27(B)(Ii) Of The Said Act. ... vs Unknown

           HIGH COURT OF ANDHRA PRADESH: AT AMARAVATI

                   MAIN CASE No.Crl.Appeal No.174 of 2022

                              PROCEEDING SHEET
Sl.     DATE                            ORDER                                          OFFICE
No.                                                                                     NOTE
(1)   27-04-2022   CMR, J.                                                            Trans-
                                                                                      ferred to
                                   Crl.Appeal No.174 of 2022                          I.O.
                                                                                      Folder.
                      This    Criminal   Appeal   is    preferred    against    the

                   judgment of conviction passed by the Assistant Sessions

                   Judge, Tekkali, for the offence under Section 18(c) of the

                   Drugs and Cosmetics Act, 1940, punishable under

                   Section 27(b)(ii) of the said Act.            The period of

                   imprisonment imposed against the appellant is three

                   years.

                       Therefore, as per Section 374(3)(a) of Cr.P.C., the

                   Appeal against the said judgment of conviction lies to the

                   Court of Session.     However, the Appeal has been filed

                   directly in the High Court. The Registry has erroneously

                   registered the said Appeal and listed the same for

                   hearing before the Court today.           It is only when the

                   sentence of more than seven years is imposed by the

                   Assistant Sessions Judge, then only the Appeal lies to

                   the High Court under Section 374(2) Cr.P.C.

                       As    the   Appeal   against    the    said   judgment    of

                   conviction lies to the Court of Session, the Appeal is

                   ordered to be returned to present the same before the

                   Court of Session.

                      Time spent in pursuing the Appeal in this High

                   Court shall be excluded from computing the period of

                   limitation, after the Appeal is preferred before the Court

                   of Session which got jurisdiction to entertain the said

                   Appeal.
                        2


     The order suspending the execution of sentence

passed by the trial Court shall be in force for a period of

one week from today.



                                                     _________
                                                      CMR, J.

NOTE:

1) Office is directed to return the Appeal to the appellant by tomorrow to enable him to present the same before the Court of Session.

2) Issue C.C. by tomorrow. B/O cs