2015 (8) TMI 580 - HC - Customs

Validity/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.

Issues Involved:
1. Validity of the conviction based on the petitioner's plea of guilt.
2. Violation of the petitioner's fundamental rights during trial.
3. Adequacy of legal representation and translation services provided to the petitioner.
4. Appropriateness of the trial court's discretion under Section 229 of the Code of Criminal Procedure.
5. Applicability of Section 375 of the Code of Criminal Procedure concerning the right to appeal.

Detailed Analysis:

1. Validity of the Conviction Based on the Petitioner's Plea of Guilt:
The petitioner, Mrs. Govindraj Amutha, was convicted under Sections 22/23 read with Section 28 of the NDPS Act, 1985, based on her plea of guilt. The petitioner contended that her plea was made under desperation and misconception, believing it would result in a lesser sentence. The court noted that the trial court misdirected itself by accepting the plea of guilt in a serious case involving narcotic substances without proper application of mind.

2. Violation of the Petitioner's Fundamental Rights During Trial:
The petitioner argued that her fundamental rights were violated as she was convicted based on a letter submitted in desperation, without proper legal procedures being followed. The court emphasized that the trial court should not have accepted the plea of guilt without ensuring that the petitioner fully understood the consequences, especially since she was not fluent in the court's language and was not provided with adequate translation services.

3. Adequacy of Legal Representation and Translation Services Provided to the Petitioner:
The petitioner faced several issues with legal representation, as her counsel failed to appear on multiple occasions, and even the legal aid counsel provided to her was often absent. Additionally, the petitioner, who only understood Tamil, was not provided with proper translation services during the trial, which violated her rights under Section 279 of the Code of Criminal Procedure.

4. Appropriateness of the Trial Court's Discretion Under Section 229 of the Code of Criminal Procedure:
Section 229 of the Code of Criminal Procedure allows a judge to convict an accused based on a plea of guilt at their discretion. However, the court stressed that this discretion must be exercised judiciously, particularly when the accused is unaware of the court's language and the legal implications of their plea. The trial court failed to exercise this discretion appropriately, as it did not proceed with the trial despite the petitioner's initial plea of not guilty.

5. Applicability of Section 375 of the Code of Criminal Procedure Concerning the Right to Appeal:
Section 375 generally precludes an appeal if an accused pleads guilty, except regarding the severity or legality of the sentence. However, the court held that the petitioner's plea of guilt, made under duress and misconception, should not be treated as a true acceptance of guilt. Therefore, Section 375 should not bar the petitioner from appealing the conviction.

Conclusion:
The court concluded that the trial court's acceptance of the petitioner's plea of guilt was erroneous and that the petitioner's fundamental rights were violated due to inadequate legal representation and translation services. The petitioner was given the liberty to prefer an appeal against the judgment and order of conviction, which the appellate court should entertain without the restrictions of Section 375 of the Code of Criminal Procedure. The petition was disposed of with directions for the appellate court to consider the entire matter and decide on condoning any delay in filing the appeal.

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