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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr Justice Rakesh Kainthla, J
Pawan Kumar – Appellant
Versus
State of H.P. through Drugs Inspector Sirmour, H.P. – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The present revision petition is directed against the judgment dated 14.03.2013 passed by learned Additional Sessions Judge, Sirmaur District at Nahan, H.P. (learned Appellate Court) vide which judgment of conviction dated 31.12.2017 and order of sentence dated 17.01.2008, passed by learned Chief Judicial Magistrate, Sirmaur at Nahan (learned Trial Court) were upheld. (The parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).
2. Briefly stated, the facts giving rise to the present appeal are that the complainant Drug Inspector filed a complaint against the accused for the commission of an offence punishable under 18(c) and 18-A of the Drugs and Cosmetics Act, 1940 ( hereinafter called the Act) for possessing thirteen intact and six broken bottles of Corex syrup. The learned Trial Court held that the possession of the bottles was proved but it was not proved that possession was for sale. Hence, no case for the commission of an offence punishable under Section 18(c) of the Act was made out, however, the accused failed to disclose the name of the person from whom the bottles were pu
The right to legal representation is fundamental in criminal trials; decisions made without counsel for the accused violate Article 21 of the Constitution.
Legal representation is crucial in criminal cases; absent counsel cannot justify conviction, reinforcing Article 21 rights.
A criminal revision cannot be dismissed for non-prosecution and must be decided on merits.
Criminal appeals cannot be dismissed for non-prosecution due to absence of accused or counsel; court must appoint amicus curiae to protect liberty and ensure fair hearing.
An appellate court must consider the merits of an appeal and cannot dismiss it for non-prosecution or absence of the appellant or counsel per the Criminal Procedure Code.
An appellate court is prohibited from dismissing a criminal appeal for non-representation; it must decide on the merits after reviewing the evidence and trial court's findings.
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