Swarana vs State Ofpb
2023 Latest Caselaw 1315 P&H

                                    IN THE HIGH COURT OF PUNJAB AND HARYANA
                                                 AT CHANDIGARH
                          380
                                                                              CRA-S-1661-SB-2004
                                                                              Decided on : 20.01.2023

                          Swarna
                                                                                       . . . Appellant(s)
                                                                Versus
                          State of Punjab
                                                                                     . . . Respondent(s)

                          CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

                          PRESENT: Mr. L.S. Sekhon, Advocate
                                   for the appellant(s).

                                       Mr. J.S. Arora, DAG, Punjab.
                                                             ****

                          SANJAY VASHISTH, J. (Oral)

Present appeal was filed by the convict - Swarna (appellant

herein) s/o Peeran Ditta son of Jaggu, r/o Village Latian Wala, P.S. Sultanpur

Lodhi, against the judgment dated 08.12.2003, passed by Ld. Judge, Special

Court, Kapurthala, in Sessions Case No.41, dated 17.07.1999, arising out of

FIR No.129, dated 11.07.1999, lodged under Section 15 of the NDPS Act,

registered at P.S. Sultanpur Lodhi.

Appellant was convicted under Section 15 of the NDPS Act, and

was sentenced to undergo RI for 03 years, and to pay a fine of Rs.30,000/-.

In default of payment of fine, he was further directed to suffer RI for four

months.

On 05.01.2023, learned State counsel suffered the statement that

appellant - Swarna, has already expired, and he sought time to place on

record the death certificate of the appellant.

Today, at the time of hearing, counsel for the appellant has

produced in Court today, the photocopy of death certificate dated 24.07.2021 JAWALA RAM 2023.01.25 16:06 I attest to the accuracy and authenticity of this order/judgement.

of the appellant, issued by the Department of Health and Family Welfare,

Govt. of Punjab. As per death certificate, appellant Swarna expired on

13.07.2021. Photocopy of said death certificate is taken on record, subject to

all just exceptions. Office to tag the same at appropriate place.

Learned State counsel is not in a position to counter the

statement made by counsel for the appellant qua the death of the appellant -

Swarna, which is supported with the death certificate also. As per death

certificate, appellant - Swarna, expired during the pendency of appeal on

13.07.2021.

In view of the above noted circumstances, present appeal stands

abated, and same is disposed of as such. However, disposal of the present

appeal will be subject to the terms & conditions, passed by this Court in

IOIN-CRA-S-4686-SB-2018 in CRA-S-4686-SB-2018, titled as, "Shivji

Ram @ Dimple Vs. State of Punjab", decided on 24.11.2022.

Appeal stands disposed of.

(SANJAY VASHISTH) JUDGE January 20, 2023 J.Ram

Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No

JAWALA RAM 2023.01.25 16:06 I attest to the accuracy and authenticity of this order/judgement.