STATE OF GUJARAT Vs. SIDDIKBHAI IQBALBHAI LAKHANI

JUDGEMENT

(1.) HEARD Ld. APP Ms. Chandarana for the appellant State and Mr. Haresh N Joshi, Ld. Advocate for the respondent.

(2.) THE State has filed this appeal for enhancement of the sentence, since by impugned judgment and order dated 1/3/2006 in Criminal Case No. 4913/2005 the Chief Judicial Magistrate, Bhavnagar, has while accepting the plea bargaining of the respondent accused, who pleaded guilty, sentenced him to pay Rs.9,000/ - as fine with imprisonment till rising of the Court under section 27 of the Drugs and Cosmetics Act, 1940 [hereinafter referred to as 'the Act'] and fine of Rs.1,000/ - under section 28[A] of the Act for committing breach of sections 18[c], 18[A][1], 18[A][6] and 18[A] of the Act.

(3.) IT is submitted by Ld. APP that plea bargaining is not permissible in our jurisprudence and that there is direct decision on such issue rendered by the Hon'ble Supreme Court in the case of State of U.P. v. Chandrika, 2000 AIR(SC) 164 Whereas the respondent has filed an affidavit -in -reply submitting that he was not aware about the consequences of plea bargaining and relied upon the observation in the same judgment of the Hon'ble Supreme Court, submitting that all matters are required to be decided on its merits and even if accused confesses his guilt, the approach of the Court should be to find out whether the accused is guilty or not. However, it is clear and obvious that in such judgment, the Hon'ble Supreme Court has specifically stated that mere acceptance or admission of the guilt should not be ground for reduction of sentence nor can the accused bargain with Court that since he is pleading guilty, sentence be reduced.