GOVINDRAJ AMUTHA Vs. CUSTOMS

JUDGEMENT

(1.) Mrs.Govindraj Amutha questions the validity and tenability of the judgment and order of conviction dated 27.9.2014 passed by the learned ASJ/Special Judge, NDPS, Dwarka Courts, New Delhi in S.C No.4/3/13 whereby she has been convicted under Sections 22/23 read with Section 28 of the NDPS Act, 1985 and has been sentenced to undergo Rigorous imprisonment for 10 years, fine of Rs.1 lakh and in default of payment of such fine, simple imprisonment for six months for the offence under Section 22 read with Section 28 of the NDPS Act, 1985 and rigorous imprisonment for 10 years, fine of Rs. 1 lakh (in default simple imprisonment for six months) for offence under Section 23 read with Section 28 of the NDPS Act, 1985, the sentences having been ordered to run concurrently with the benefit of Section 428.

(2.) It has been contended on behalf of the petitioner that the fundamental right of the petitioner has been violated in as much as even though she had pleaded not guilty and had claimed to be tried, the Trial Court on the basis of a letter submitted by the petitioner in desperation, pleading guilty in a way, convicted the appellant without application of mind or following the requirements of law for convicting a person in a sessions triable case. The further ground of challenge is that the petitioner was not afforded the facility of a translator even though she did not understand the language in which the evidence was recorded.

(3.) Since the Trial Court accepted the statement of the petitioner as an acceptance of guilt, no appeal could have been filed except for the legality/severity of the sentence.