IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 Crl.Rev.Pet.No. 631 of 2010() ----------------------------- CRA.94/2009 of V ADDL.SESSIONS COURT, ERNAKULAM CC.1816/2007 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOCHI .................... REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------------------------------------------- ASHKAR, AGED 26 YEARS, S/O.ASHRAF, RESIDING AT CC 24/514, PASHNITHODU, EDAKOCHI VILLAGE. BY ADV. SRI.ASHIK K.MOHAMMED ALI RESPONDENT(S): STATE -------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, KOCHI CUSBA POLICE STATION. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 10/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = Crl.R.P.No.631 of 2010 = == = = = = = = = = = == Dated: 10.03. 2010 O R D E R In this revision filed under Sec. 397 read with Sec. 401 Cr.P.C. the petitioner who is the sole accused in C.C. No.1816 of 2007 on the file of the J.F.C.M-II, Kochi was on his pleading guilty convicted for an offence punishable under Section 22(a) read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act,1985 (NDPS Act for short). 2. The case of the prosecution can be summarised as follows: On 17.5.2007 at about 2.30 p.m the accused was found in possession of 6 ampules of Buprenorphine, a psychotropic substance without any licence or authorisation near Marunnukada Bus- stop at Thoppumpady and since the possession was in contravention of Section 8(c) of the NDPS Act, the accused has committed the offence punishable under Section 22(a) of the NDPS Act. 3. On the accused pleading guilty to the charge framed against him and read over to him, the learned Magistrate, sentenced him to rigorous imprisonment for 5 months and to pay a fine of Rs.3,000/- and on default to pay the fine to undergo Crl.R.P.No.631/2010 -:2:- rigorous imprisonment for one week. Eventhough the revision petitioner filed an appeal before the Sessions Court, Ernakulam, as Crl.A.No.94 of 2009, the learned Sessions Judge as per judgment dated 13.11.2009 dismissed the appeal and confirmed the conviction entered and the sentence passed against the revision petitioner. Hence, this Revision. 4. Since the conviction was recorded and the sentence imposed on the revision petitioner on his pleading guilty, he could not have filed an appeal challenging the conviction in view of the bar under Section 375 Cr.P.C and he could only pray for leniency in the sentence. Since the conviction was entered and the sentence passed on the strength of the revision petitioner pleading guilty before the Magistrate, I am of the view that the petitioner deserves some leniency in the sentence. Accordingly, the sentence imposed on the revision petitioner is reduced to rigorous imprisonment for three months instead of five months. The fine portion of the sentence is not interfered with. In the result, this Revision is disposed of confirming the conviction entered but modifying the sentence imposed as above. V.Ramkumar, Judge. sj