ERFAN SHAIKH AND Another vs THE STATE-Opposite-Party — 1971 PCRLJ 486

Citation: 1971 PCRLJ 486

Court: Dhaka High Court

Year: 1970

Decision Date: 1970-12-31

Parties: ERFAN SHAIKH AND Another vs THE STATE-Opposite-Party

Headnotes

Case cited as 1971 PCRLJ 486

Judgment Text

Court Name: Dhaka High Court Judge(s): A. K. Muhammad Nurul Islam, A. Quasim Title: ERFAN SHAIKH AND Another vs THE STATE-Opposite-Party Case No.:Criminal Appeal No. 426 of 1966 r. R. C. Nos. 254, 237 and 238 of 1969 JUDGMENT Reported As: 1971 P Cr. L J 486 Result: Rule discharged Judgment JUDGMENT NURUL ISLAM, J.--This appeal arises out of an order of conviction and sentence passed on 7-6-66 by Mr. M. Meherullah, Magistrate, 1st Class, Meherpur under section 167(8,1) of the Sea Customs Act. Mr. Muhammad Abdul Haque, the learned Advocate appearing on behalf of the appellants prays for converting the said appeal into 'a revision in view of the fact that it has been decided in the case of Alok Kumar Mitra and others v. The State (21DLR1), that an appeal in such a case would lie to the Court of Session and that the instant appeal was filed long before the said Division Bench decision and .At a point of the when there was doubt as to the forum of appeal in such cases. Mr. Haque, the learned Advocate for the appellants submits that he is not oblivious of the fact that in case it is converted into revision he will not be able to argue the case on facts. He, however, proposes to make his submission only on the ground of sentence. Mr. A. T. M. Masud, the learned D. L. R. Appearing on behalf of the State has no objection to convert the appeal into a revision and he is of the view as he submits before this Court that this Court has jurisdiction under section 439, subsection (1) of…

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