STATE OF RAJASTHAN Vs. BHANWAR LAL

JUDGEMENT

(1.) Challenge in this appeal by the State of Rajasthan is to a judgment of the learned single Judge of the Rajashtan High Court directing acquittal of the respondents - Bhanwar Lal and Mohan Lal. Both these accused persons faced trial for alleged commission of offences punishable under Sections 8 and 18 of the Narcotic Drugs ad Psychotropic Substances Act, 1985 (in short NDPS Act ). The accused Mohan Lal was convicted in terms of Sections 8 read with Section 18 and awarded ten years R.I. along with fine of Rs. 1,00,000/- (rupees one lakh) with default stipulation. The appellant Bhanwar Lal was convicted under Sections 8 and 18 of the NDPS Act and awarded 12 years R.I. along with fine of Rs. 2,00,000/- (Rupees two lakhs). He was also convicted for the offences under Section 8 read with Section 20 of the NDPS Act and, therefore, separately awarded two years R.I. with fine of Rs. 2,000/- with default stipulation.

(2.) The trial court found that the evidence led by the prosecution is credible and cogent and recorded conviction as noted above. The High Court found that there was non-compliance with the requirements of Section 50 of the Act and directed acquittal.

(3.) It is brought to our notice by learned Counsel that the accused Bhanwar Lal has died on 12/10/2003 and therefore the appeal does not survive so far as he is concerned.