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. 616 of 2010() ----------------------------- CRA.99/2009 of V ADDL.SESSIONS COURT, ERNAKULAM CC.838/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOCHI .................... REVN. PETITIONER(S): ACCUSED --------------------------------------------------------- ASHKAR,AGED 26 YEARS, S/O.ASHRAF, RESIDING AT CC 24/514,PRASHNITHODU, EDAKOCHI VILLAGE. BY ADV. SRI.ASHIK K.MOHAMMED ALI RESPONDENT(S): STATE ------------------------------------------- STATE OF KRALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KREALA, ERNAKULAM,REPRESENTING SUB INSPECTOR OF POLICE, MATTANCHERRY POLICE STATION. PUBLIC PROSECUTOR SRI.C.M.NAZAR 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.616 of 2010 = == = = = = = = = = = == Dated: 10.03. 2010 O R D E R The revision petitioner who is the accused in C.C. No.838 of 2008 on the file of the J.F.C.M-II, Kochi, was on his pleading guilty convicted for an offence punishable under Section20(b)(ii) A of the Narcotic Drugs and Psychotropic Substances Act,1985 (NDPS Act for short). 2. The case of the prosecution was that on 30.3.2008 at about 6.20 p.m the accused was found in possession of contraband Ganja, the quantity of which was only small quantity. 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 rigorous imprisonment for one week. 4. Eventhough the revision petitioner filed an appeal before the Sessions Court, Ernakulam, as Crl.A.No.99 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 Crl.R.P.No.616/10 -:2:- Revision. 5. In as much as the petitioner had voluntarily pleaded guilty of the offence, he is precluded from questioning the conviction recorded against him by virtue of Section 375 Cr.P.C. He is entitled only to pray for leniency in the sentence. Having regard to the fact that the had pleaded guilty and the quantity involved is only a small quantity, I am inclined to reduce the sentence of rigorous imprisonment to three months. The imprisonment is accordingly reduced to three 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