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Item no. 141 & 142 REPORTABLE IN THE HIGH COURT OF MANIPUR AT IMPHAL Crl. Rev. P. No. 9 of 2026 with MC(Crl. Rev. P.) No. 22 of 2026 [Ref: Special Trial Case No. 16 of 2025]

Mrs. Leila @ Fajitun, aged about 45 years, W/o Md. Fajurruddin, Keirao Makting Mayai Leikai, P.O. Singjamei and P.S. Irilbung, Imphal East District, Manipur at present residing at Kshetri Awang Litan Makhong, Iril Turel Mapan, P.O. & P.S. Porompat, Imphal East District, Manipur …. Petitioner - Versus -

1. The State of Manipur represented by the Commissioner Home Government of Manipur, New Secretariat, Western Block, Babupara, Imphal, Manipur 795001.

2. The Officer in Charge, Porompat Police Station, Imphal East, Manipur-795005 …. Respondents B E F O R E HON’BLE MR. JUSTICE A. GUNESHWAR SHARMA JUDGMENT & ORDER (Oral)

17.08.2026 [1] Heard Mrs. G. Pushpa, learned counsel along with Ms. Th. Ranjeeta, learned counsel on behalf of the petitioner and Mr. H. Samarjit, learned PP assisted by Mr. W. Niranjit, learned Dy. GA on behalf of the State respondents.

[2] The important question of law arisen in the present petition is regarding ‘jurisdiction of a trial Court in a criminal trial to recall the plea of guilty of an accused recorded under Section 228(2) of Code of Criminal Procedure, 1973 (in short, CrPC) [now, Section 251(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 (in short, BNSS)] and order of conviction on such plea of guilty passed under Section 229 of CrPC (now, Section 252 of BNSS); and procedures to be followed by trial Court while convicting an accused on plea of guilty without conducting a full trial involving examination of witnesses, the accused and after hearing both the prosecution and accused parties’.

[3] The petitioner (Mrs. Leila @ Fajitun) and one, Md. Sabir Khan @ Somi are accused nos. 1 & 2 in FIR No. 10(01)2020 Porompat P.S., Imphal East under Sections 21(b)/22(b) of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The petitioner herein was arrested on 13.01.2020 and released on bail on 17.01.2020.

[4] On 11.03.2026, learned Special Court (ND&PS), Manipur at Lamphelpat framed charges against the petitioner under Sections 21(b) & 22(b) of the ND&PS Act. The petitioner herein, who is an accused no. 1, pleaded guilty and accused no. 2 did not plead guilty and claimed to be tried. On the same day, i.e., on 11.03.2026, accused no. 1, the petitioner herein, was convicted by the learned Special Judge (ND&PS), Manipur under Sections 21(b) & 22(b) of the ND & PS Act on her plea of gulity and fixed on 16.03.2026 for hearing on sentence; and on 27.03.2026 for prosecution witnesses with respect to the accused no. 2. On 11.03.2026, the petitioner was taken into custody and since then, she was in custody, post-conviction on her plea of guilty by an order dated 11.03.2026.

[5] Admittedly, after conviction on plead guilty, on 16.03.2026 the petitioner filed an application, being Cril. Misc. Bail Application No. 67 of 2026 under Section 229 of CrPC/Section 252 of BNSS, for allowing her to retract from the plea of guilty made on 11.03.2026. It is stated in para nos. 2 and 7 of the application dated 16.03.2026 that the plea of guilty was made under wrong assumption and understanding of facts and law; and she was not aware of the outcome of such plea of guilty; and in the circumstances, the application was made to retract from the plea of guilty and prayed that petitioner be tried as per law.

[6] However, by the impugned order dated 23.03.2026, the application being Cril. Misc. Case No. 67 of 2026 in Special Trial Case No. 16 of 2025 was dismissed on the ground that the Special Court (ND&PS) has no power and jurisdiction to recall recording of the plea of guilty by petitioner/accused no. 1 under Section 228(2) of CrPC and to recall the conviction order dated 11.03.2026. It was held in para 7 of the impugned that ‘… It is a well settled law that a criminal Court has no power to alter or review its own order except to