Citation : 2021 Latest Caselaw 529 ALL
Judgement Date : 8 January, 2021
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 26 Case :- CRIMINAL APPEAL No. - 104 of 2008 Appellant :- Mishri Lal Respondent :- Union Of Inida Counsel for Appellant :- Anil Kumar Sharma Counsel for Respondent :- Rakesh Kumar Awasthi Hon'ble Mrs. Saroj Yadav,J.
1. None appears for the appellant.
2. Heard learned Additional Government Advocate and perused the record and Shri S.M.Raekwar, Advocate appears for Central Bureau of Narcotics.
3. This appeal has been filed by the accused-appellant namely Mishri Lal against the judgment and order dated 24.12.2007 passed by Shri Pradeep Kumar, learned Additional Sessions Judge, Court No.3, Lucknow in Criminal Case No.213 of 2003, under Section 8/18/21 N.D.P.S. Act, Police Station CBN, District Lucknow convicting and sentencing the appellant under Section 8/21 of the N.D.P.S. Act for a period of 10 years rigorous imprisonment and a fine of Rs.1,00,000/- and in default of payment of fine, to undergo further imprisonment of two years.
4. The report of the learned Chief Judicial Magistrate, Barabanki dated 21.5.2020 is on record according to which the appellant- accused Mishri Lal son of Ram Vilas, resident of Village Derwa (Derey Raja), Police Station Tikaitnagar, District Barabanki has died on 19.6.2011.
Alongwith report, death certificate of Mishri Lal issued by Gram Pradhan, Gram Panchayat, Derey Raja, Vikas Khand Pureydelai, Barabanki has been enclosed.
5. Learned Additional Government Advocate has raised no objection against this report.
6. On the basis of the report submitted by the learned Chief Judicial Magistrate, Barabanki as referred above, this appeal stands abated under Section 394 of the Code of Criminal Procedure and accordingly abated.
7. Let the copy of this order be sent to the concerned trial court and original record, if summoned and received, also be sent back to the concerned trial court.
8. Record of this court be consigned to the record room.
Order Date :- 8.1.2021
Shukla
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