State By Durgs Inspector, vs Maheshwar V. Salimath
2021 Latest Caselaw 3143 Kant

            IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH

         DATED THIS THE 12TH DAY OF AUGUST, 2021

                         BEFORE

       THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR

              CRIMINAL APPEAL NO.2629/2012

BETWEEN:

STATE BY DURGS INSPECTOR,
DHARWAD CIRCLE, HUBLI.
                                             ...APPELLANT
(BY SRI.RAMESH B.CHIGARI, HCGP)

AND:

SRI.MAHESHWAR V. SALIMATH
PROP: M/S. MAHESHWAR MEDICALS and GENERAL STORES,
SHOP AT CTS NO. 99/B, HEBBALLI AGASI,
MANGALWARPET, DHARWAD,
R/O. NO. 115, SAMRUDDI,
CHANNBASAVESHWARA NAGAR, DHARWAD.
                                        ...RESPONDENT
(BY SRI.P.N.HOSAMANE, ADV.)

      THIS APPEAL IS FILED UNDER SECTION U/S 378(1)(b)
OF CR.P.C. SEEKING TO GRANT SPECIAL LEAVE TO THE
APPELLANT TO FILE APPEAL AGAINST THE ORDER OF
ACQUITTAL AND SET ASIDE THE ORDER DATED 28.01.2011 IN
C.C.NO.534/2006 PASSED BY THE I-ADDL. SENIOR CIVIL
JUDGE     &    CJM,   DHARWAD      AND  PUNISH    THE
ACCUSED/RESPONDENT FOR THE OFFENCES P/U/S 27(d) R/W
SEC. 18(a)(vi) AND RULE 65(9)(a) OF THE DRUGS AND
COSMETICS ACT, 1940 & RULES, 1945.

      THIS APPEAL COMING ON FOR FINAL HEARING THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
                                2




                           JUDGMENT

Learned counsel for the respondent/accused submits

that respondent/accused is no more. The learned High

Court Government Pleader has produced the attested copy

of the death extract of the respondent/accused whereby it

is evident that respondent/accused died on 12.11.2013

itself.

In view of death of the respondent/accused, the

appeal stands abated under Section 394(1) of Cr.P.C.

Sd/-

JUDGE

MBS/-