The right of the accused to be represented by a counsel is an integral part under Article 21 of the Constitution of India.

JUDGMENT :

(Prayer: Criminal Appeal filed under section 374(2) of the Code of Criminal Procedure, 1973, to set aside order of conviction dated 11.12.2020 in C.C.No.07 of 2014 on the file of the Special Judge, Special Court under TNPID Act, Coimbatore.)This appeal is filed as against the judgment of the Special Judge, Special Court under TNPID Act, Coimbatore, dated 11.12.2020, in C.C.No.07 of 2014, in and by which, the first appellant firm and the second and third appellants being its partners were found guilty for the offences under Sections 120B, 420 and 406 IPC and Section 5 of the TNPID Act and imposed the sentence as below:

* A1, namely M/s.R.K.Emu Farms to pay fine of Rs.10,000/- for each offences and each counts under Sec.420 and 406 of I.P.C. and Sec.5 of TNPID Act (10,000 x 3 x 110 = Rs.33,00,000/-). The A2 and A3 shall pay the fine amount equally imposed on the 1st Accused Firm, in default of payment of fine by A2 and A3, they should undergo further period of 1 year simple imprisonment for each offences;

* A2 and A3 each to undergo two years simple imprisonment and to pay fine of Rs.10,000/- for each counts (10,000 x 110 x 2 accused) = Rs.22,00,000/-) under Sec.120B of I.P.C., in default of payment of fine to undergo further one year simple imprisonment;

* A2 and A3 each to undergo three years simple imprisonment and to pay fine of Rs.10,000/- for each counts (10,000 x 110 x 2 accused) = Rs.22,00,000/-) under Sec.406 of I.P.C., in default of payment of fine to undergo further one year simple imprisonment;

* A2 and A3 to undergo three years simple imprisonment and to pay fine of Rs.10,000/- for each counts (10,000 x 110 x 2 accused) = Rs.22,00,000/-) under Sec.420 of I.P.C., in default of payment of fine to undergo further one year simple imprisonment.

* A2 and A3 to undergo ten years simple imprisonment and to pay fine of Rs.10,000/- for each counts (10,000 x 110 x 2 accused) = Rs.22,00,000/-) under Sec.5 of T.N.P.I.D. Act, 1997, in default of payment of fine to undergo further one year simple imprisonment. Total fine amount Rs.1,21,00,000/-. A2 and A3 has to pay fine Rs.60,50,000/- each.

* Out of the said total fine of Rs.1,21,00,000/-, a sum of Rs.1,20,00,000/- shall be distributed to the victims Pw2 to Pw105 as per their respective dues mentioned in the final report proportionately, after appeal time is completed.

* The sentences shall run concurrently.

* The imprisonment has already undergone by A2 and A3, if any, shall beset off as per Sec.428 of Cr.P.C. No material object available for orders.

2. Aggrieved by the same, the present appeal is laid before this Court. When the appeal came up for hearing, the learned counsel for the appellants pointed out the facts that in this case, when the matter came up for arguments on 08.12.2020, the learned counsel representing the accused was not present and without hearing the arguments on behalf of the accused and without appointing any Amicus Curiae, the Trial Court proceeded to hear the learned Public Prosecutor and decided the issue and found the accused guilty. Therefore, in the absence of any counsel representing the accused and as there was nobody to represent the perspectives of the accused, therefore, the conviction is erroneous. In support of his submissions, the learned counsel relied on the judgments of the Hon’ble Supreme Court in the case of Mohd.Sukur Ali Vs. State of Assam reported in (2011) 4 SCC 729, K.S.Panduranga Vs. State of Karnataka reported in (2013) 3 SCC 721 and the latest judgment of the Hon’ble Supreme Court in Subedar Vs. State of Uttar Pradesh reported in (2020) 17 SCC 765. He would submit that therefore, in view of the above judgments, it is the right of the accused to be represented by a counsel and without the counsel being heard, the decision made by the trial Court is liable to be set aside.

3. The learned counsel brought to the notice of the Court that there is yet another factor that on behalf of the appellants/accused, an application was filed und