Kishori Das vs The State Of Assam
2022 Latest Caselaw 110 Gua

                                                                              Page No.# 1/2

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


                                           ORDER

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 Page No.# 2/2

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