Page No.# 1/3 GAHC010125982025 2025:GAU-AS:8129 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/623/2025 MUSTT JUSNA BEGUM ALIAS JYOTSHNA BEGUM W/IO LT. TAJAMAL KHAN R/O VILL- MORNOI GAON P.O. BIHPURIA P.S. BIHPURIA DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP ASSAM 2:PALASH PRATIM GOGOI SI OF POLICE OF BIHPURIA P.S. P.S. BIHPURIA DIST. LAKHIMPUR ASSA Advocate for the Petitioner : MR S GOGOI, MS A GOGOI,MS G GOGOI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 18-06-2025 Heard learned counsel Mr. S. Gogoi for the applicant for Mustt. Jusna Begum @ Jyotshna Begum, who has filed this application under Section 442 (5) Page No.# 2/3 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer to convert the revision petition as appeal and treat as criminal appeal. 2. Heard Mr. K. Baishya, learned Additional Public Prosecutor, Assam. 3. It is submitted on behalf of the applicant that she has filed the revision petition with an erroneous belief that no appeal lies against the judgment and order dated 10.03.2025 passed by the learned Special Judge, Lakhipur, North Lakhimpur in connection with Special (NDPS) Case No. 5/2022, convicting the applicant under Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentencing her to undergo RI for 5 (Five) years and to pay a fine of Rs.30,000/- (Rupees Thirty Thousand) with default stipulation. 4. The applicant has prayed for converting the Criminal Revision Petition No. 207/2025 into Criminal Appeal. 5. I have considered the submissions at the bar with circumspection. 6. Section 442 (5) of BNSS reads :- “Where under this Sanhita an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interest of justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly.” 7. Considering all aspects, this Criminal Revision Petition No. 207/2025 may be converted into appeal and treated as an appeal. Page No.# 3/3 8. Registry to register the Criminal Appeal. 9. In terms of the above observation, this interlocutory application stands disposed of. JUDGE Comparing Assistant