Pankaj @ Bunty vs State
2016 Latest Caselaw 5418 Del

$-2
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                       DECIDED ON : 19th AUGUST, 2016

+                 CRL.A. 1750/2014 & Crl.M.A.19924/2014

     PANKAJ @ BUNTY                                ..... Appellant
                    Through : None.
                         versus
     STATE                                         ..... Respondent
                    Through : Mr.Amit Gupta, APP.
                                ASI Satbir, Narcotic Cell.
     CORAM:
      HON'BLE MR. JUSTICE S.P.GARG
S.P.Garg, J. (Oral)

1. The instant appeal has been preferred by the appellant - Pankaj @ Bunty to impugn a judgment dated 31.05.2013 of learned Additional Sessions Judge:NDPS, Rohini/Delhi, in Sessions Case No.122/11 arising out of FIR No.110/07 registered at Police Station Narcotics Branch by which he was convicted under Section 21(b) NDPS Act. By an order dated 31.05.2013, he was awarded Rigorous Imprisonment for the period already undergone with fine `25,000/-.

2. Allegations against the appellant, as reflected in the charge- sheet, were that on 2.11.2007 at 5.10 p.m. he was apprehended for having possession of 285 gms of heroine. The appellant preferred the instant appeal before this Court on 27.11.2014.

3. None has appeared on behalf of the appellant today. Nominal roll dated 5.3.2015 reveals that the appellant has already undergone the sentence awarded to him and fine of `25,000/- has since been paid by him.

It further records that the appellant was re-admitted in the jail on 28.04.2014 in Case FIR No.18/2014 under Section 21/29 NDPS Act registered at Police Station Special Jail.

4. Since the appellant has already undergone the sentence awarded to him and he has paid the fine, it appears that he is not interested to pursue the present appeal and for that reason he has not contacted his counsel who himself has not appeared today to get the appeal decided on merits.

5. In view of the above, the present appeal has, thus, become infructuous and is disposed of as such. All pending application(s) also stand disposed of. It is, however, made clear that if the appellant appears within a reasonable time for disposal of appeal on merits, his request will be considered.

6. Trial Court record (if any) be sent back immediately with the copy of the order. A copy of the order be sent to the Superintendent Jail for necessary information and compliance.

(S.P.GARG) JUDGE AUGUST 19, 2016 / sa