STATE OF KARNATAKA Vs. S. B. SHIVASHANKAR

JUDGEMENT

(1.) This Criminal Revision Petition is filed challenging the order passed by the Trial Court in C.C.No.3659/2014 dtd. 1/4/2015 convicting the respondent / accused for offences under Sec. 27(d) of the Drugs and Cosmetics Act, 1940 as well as the order passed by the First Appellate Court in Crl.A.No.129/2015 dtd. 16/2/2018 dismissing the appeal as not maintainable under Sec. 374 of the Cr.P.C.

(2.) This petition though listed for admission, is heard finally and is disposed of by this order, with the consent of the learned counsel for both the parties.

(3.) The Trial Court in C.C.No.3659/2014 (Old C.C.No.797/2012) dtd. 1/4/2015 held the respondent / accused S.B. Shivakumar guilty for offences under Sec. 27(d) of the Drugs and Cosmetics Act, 1940 and he was sentenced to undergo a day's imprisonment, till the rising of the Court. The accused also was imposed to pay a fine of Rs.10,000.00, failing which he was to undergo simple imprisonment for a period of three months. When the said order was challenged by the State by way of an appeal for inadequacy of sentence, the First Appellate Court in Crl.A.No.129/2015 dtd. 16/2/2015 dismissed the said appeal as not maintainable under Sec. 374 of the Cr.P.C. The judgment rendered by the Trial Court which has been confirmed by the Appellate Court has been challenged in this petition urging that adequate punishment be imposed on the accused for the alleged offences. The First Appellate Court has dismissed the appeal whereby challenging the impugned order passed by the Trial Court, on the ground of maintainability of the appeal under Sec. 374 Cr.P.C., which requires intervention.