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2015 (8) TMI 580 - HC - CustomsValidity/Tenability of conviction order – Plea of Guilt – Petitioner questions validity and tenability of judgment and order of conviction whereby she was convicted under Sections of NDPS Act, 1985 and was sentenced to undergo Rigorous imprisonment with fine – Trial Court accepted statement of petitioner as acceptance of guilt and held that no appeal could have been filed except for legality/severity of sentence – Held that:- Section 229 of CrCP provides that if accused pleads guilty, Judge shall record plea and may, in his discretion, convict him thereon – Trial Court misdirected himself in acting upon plea of guilt in serious case of NDPS Act – Trial Court ought to have appreciated that petitioner was daily wage coolie with two sons to fend for – Till time when application pleading guilty by petitioner was filed, she was not afforded benefit of interpretation of evidence in terms of Section 279 of CrCP – Under such eventuality it was highly improper for Trial Court to have accepted statement of petitioner as her acceptance of guilt – Rule is that when accused is on his trial on capital charge, it is not expedient that court should convict him even upon plea of guilty – Therefore Trial Court adopted erroneous approach in accepting plea of guilt of petitioner –Since statement of petitioner was actuated by misconception, it ought not to be treated as plea of guilt – matter remanded back to trial court for afresh consideration of evidences on record – Decided in favour of Petitioner.
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