The Asst. Collector Of Customs vs Kishore Singh
2021 Latest Caselaw 20701 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR. JUSTICE GOPINATH P.
      TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
                         CRL.A NO. 2029 OF 2004
  AGAINST THE ORDER DATED 05-02-2004 IN CC 46/1996 OF II ADDITIONAL
                DISTRICT & SESSIONS COURT, ERNAKULAM


APPELLANT/COMPLAINANT:

           THE ASST. COLLECTOR OF CUSTOMS,
           SPECIAL INVESTIGATION BRANCH, CUSTOMS HOUSE, COCHIN.

           BY ADVS.
           SRI.P.C.IYPE, SPECIAL PP(COCHIN CUSTOMS)
           SRI.SASTHAMANGALAM AJITHKUMAR, PP FOR CUSTOMS,COCHIN
           COMMISSIONERATE



RESPONDENT/ACCUSED:

           KISHORE SINGH
           NO.12, MAITRI SOCIETY, ADIPUR, KUTCH, GUJARAT.

           BY ADVS.
           S.GOPAKUMARAN NAIR (SR.)
           SRI.S.GOPAKUMARAN NAIR


     THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 05.10.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl. Appeal No.2029/2004                   -2-

                                    JUDGMENT

This appeal has been filed challenging the judgment dated in

C.C No.46/1996 through which the respondent in this appeal was acquitted.

Though initially a counsel appeared for the respondent/accused No.3 in C.C

No.46/1996, he later relinquished vakkalath and despite issuance of a

warrant of arrest under Section 390 of Cr.P.C the respondent/accused could

not be brought before this court. On 16-09-2021 I have passed the following

order;

"Despite several opportunities the appellant has not been able to serve notice of the appeal on the respondent. The learned counsel who entered appearance originally states that he has no instructions in the matter and that despite best efforts he has not been able to contact the respondent. This court has issued several directions [See orders dated 10-01-2020, 30- 01-2020, 27-02-2020, 18-03-2020, 04-06-2020, 29-06-2020, 30-07- 2020, 25-08-2020, 22-09-2020 & 28-10-2020] directing the appellant to provide the correct address of the respondent. By order dated 30-11-2020 a warrant was also issued by this court under Section 390 of the Cr.P.C. directing arrest and production of the respondent. It is reported that the Assistant Collector of Customs, the appellant, who was authorised to arrest the respondent was unable to trace out the respondent. This is an appeal of the year 2004. Taking note of the aforesaid circumstances it is directed that the appellant shall either execute the warrant issued by this court on 30-11-2020 or inform this court in writing as to whether they intend to prosecute the appeal any further.

List on 05-10-2021."

2. Today when the appeal is taken up for consideration the learned

counsel for the appellant submits that the appellant has filed a report stating

that the whereabouts of the respondent/accused could not be traced out

despite best efforts. In the light of the above there is no reason to keep this

appeal pending. Nearly 17 years have passed since the appeal was filed.

Therefore I have no option but to dismiss this appeal for non-prosecution.

Appeal is dismissed for non-prosecution.

Sd/-

GOPINATH P.

JUDGE

AMG