Kashmir Singh vs State of Punjab

Kanwaljit Singh Ahluwalia, J.—Appellant Kashmir Singh was nominated as an accused in case FIR No. 125 dated 23.10.2002 registered at Police Station Dakha, District Ludhiana u/s 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as, ''the Act''). The Court of Judge, Special Court, Ludhiana vide its judgment dated 15th December, 2004 held him guilty of the offence punishable u/s 15 of the Act and vide a separate order of even date sentenced him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1.00 lakh, in default of payment of fine to further undergo rigorous imprisonment for six months u/s 15 of the Act.

On February 8, 2011, this Court passed the following order:

Counsel appearing for Mr. Kathuria, counsel for the Appellant states that Appellant has expired during the pendency of the appeal.

S.H.O., Police Station Dakha is directed to file an affidavit regarding the factum of death of the Appellant. The affidavit be filed on or before the adjourned date.

List on 17.2.2011.

A copy of this order duly attested by the Special Secretary of this Court be handed over to counsel for the State for compliance and onward transmission to the quarter concerned.

In pursuance of the order reproduced above, counsel for the State has filed an affidavit of Jangjit Singh, SI/SHO Police Station Dakha, District Ludhiana, wherein it is stated that an enquiry was conducted, during which it was revealed that the accused-Appellant has expired on 20th September, 2008. Along with the report, death certificate of the accused-Appellant and a common statement of the villagers have also been attached.

In view of the reply filed by SHO, Police Station Dakha, present appeal stands abated and is disposed of as such.