Recently, Karnataka HC ruled that, if the accused enters into a plea bargain minimum punishment U/Sec 27(d) of the Drugs and Cosmetics Act can be reduced.
The bench of Justice K. Somashekar was dealing with the revision petition challenging the order passed by the Trial Court convicting the respondent / accused for offences under Section 27(d) of the Drugs and Cosmetics Act, 1940 as well as the order passed by the First Appellate Court dismissing the appeal as not maintainable under Section 374 of the Cr.PC
In this case, The Trial Court held the respondent / accused SB Shivakumar guilty of offences under Section 27(d) of the Drugs and Cosmetics Act, 1940 and he was sentenced to undergo a day’s imprisonment, till the rising of the Court.
When the said order was challenged by the State by way of an appeal for the inadequacy of sentence, the First Appellate Court dismissed the said appeal as not maintainable under Section 374 of the Cr.PC
The judgment rendered by the Trial Court which has been confirmed by the Appellate Court has been challenged.
The issue for consideration before the bench was:
Whether the accused is liable U/Sec 27(d) of the Drugs and Cosmetics Act?


