TRILOKI NATH ALIAS PADA Vs. STATE

JUDGEMENT

(1.) This revision was admitted on the point of sentence only. Find ings of the lower Courts are that the revisionist Triloki Nath was found in possession of 29 tins of liquor and 4 1/2 Kgs. Ganja on 5th August, 1981. Lower Courts convicted the revisionist with offences under Section 60 of the Excise Act and sentenced him to rigorous imprisonment for six months and fine of Rs. 500/ -. In view of the amendment in the Excise Act made in 1973 prescribing minimum punishment under Section 60 of the Excise Act, it is not possible to interfere with the sentence. I have closely perused the judgment of the lower appellate Court. What appears it that despite opportunity Counsel of the revisionist did not appear and did not argue the appeal. The learned lower appellate Court did not enter into material questions of facts and law which were pleaded in the trial Court. Much need not be said about the inability of the Counsel to argue the appeal in the lower Court. In the interest of justice this Court is bound to refer to the case of Ram Naresh Yadav v. State of Bihar, AIR 1987 SC 1500. The appeal could not have been disposed off by the lower appellate Court without either giving an opportunity to the revisionist to engage another Counsel or without appointing a counsel for him at the State expenses. Hence going deeper into the case I allow this revision and set aside the judgmer and order of the lower appellate Court. The appeal is sent back to the lower appellate Court for rehearing according to the directions of the Supreme Court contained in the aforesaid ruling and for fresh disposal. The revisionist shall appear before the lower appellate Court on 16th April, 1990. Revision allowed. .