NARCOTIESCONTROL BUREAU Vs. SHYAM LAL

JUDGEMENT

(1.) THIS order shall dispose of an appeal filed by the Narcotics Control Bureau (hereinafter ncb) under Section 378 (4) of the Criminal procedure Code (Cr. P. C.) assailing the judgment dated 30. 04. 1997 passed by an additional Sessions Judge/special Judge whereby the respondents were acquitted by the learned Special Judge in Sessions Case no. 76/88 titled as NCB Vs. Dr. Shyam Lai and ors. for having allegedly committed offence punishable under Section 22 and 29 of the narcotics Drugs and Psychotropic Substances act, 1985 (hereinafter referred to as 'the NDPS act' ). The leave to file the appeal was granted by a Division Bench of this Court who heard the appeal initially vide order dated 20. 11. 1997.

(2.) BRIEFLY stating it is the case of the appellants that:

(3.) DURING the pendency of this appeal Dr. Shyam Lal has expired but his son who is the second respondent, namely, Sh. Ashwani kumar is still alive and has been represented in this Court through Sh. Puneet Mittal, advocate who has strongly opposed the appeal filed by the appellant relying upon the judgment of the Apex Court in Balbir Singh vs. State of Punjab 1992 JT SC 108.