JAYAPRAKASH PANDIT S. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard Sri K.Ravishankar, learned counsel for the petitioner and Sri M. Vinay Mahadevaiah, learned HCGP for the respondent-State.

(2.) The accused-petitioner has filed this petition under Sec. 401 read with Sec. 397 of Cr.P.C. praying to set aside the judgment of conviction and sentence passed by the learned II JMFC, Mangalore (hereinafter referred to as 'the trial Court' for short) in C.C.No.5523/2023 dtd. 13/8/2012 and confirmed by judgment passed by the learned III Addl. District and Sessions Judge, D.K., Mangalore (hereinafter referred to as 'First Appellate Court' for short) in Crl.A.No.247/2012 dtd. 5/7/2016, convicting and sentencing the petitioner for the offence punishable under Sec. 18(c) read with 27 (b)(ii) of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as 'the Act' for short) to undergo simple imprisonment for a period of one year and fine of Rs.5,000.00 in default of payment of fine, simple imprisonment for a period of two months.

(3.) For the sake of convenience, the parties are referred to as per their ranking before trial Court. The petitioner is the accused and the respondent is complainant before the trial Court.