MANGALSING BHANSING RAJPUT Vs. COLECTOR OF CUSTOMS

JUDGEMENT

(1.) Learned Addl. City Sessions Judge, Court No.2, Ahmedabad rendered the judgment and order dated 27.4.89 in Sessions Case No.266 of 1987 acquitting all the accused persons of charge under Sec.29 of the Narcotic Drugs And Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act') but held all of them guilty under Sec.21 of the NDPS Act and sentenced each of them to R.I. for 10 years and a fine of Rs.1 lac and in default to further undergo 1 year R.I. The three convicts, namely, Bharat Girjashanker Raval, Bansi Rupaji Chauhan (Darji) and Mangalsing Bhansing Rajput preferred Criminal Appeals Nos.363, 300 and 325 of 1989 challenging the conviction and sentence, as aforesaid, before this Court. The concerned Customs Authority also filed Criminal Appeal No.956/90 against the part of the same judgment and order whereby the three accused have been acquitted of the charge under Sec.29 of the NDPS Act. When all these Appeals were listed before Division Bench on 29.12.99, it was noticed that Criminal Appeal No.363/89 as had been filed by Bharat Girjashanker Raval had already been decided by the Division Bench (Coram: K.J.Vaidya and M.H. Kadri, JJ - Per Vaidya, J) by judgment and order rendered on 5.10.95 and the Appeal was allowed, the conviction and sentence of the appellant in the said Appeal was set aside and he was acquitted. Thus the three Criminal Appeals against the judgment and order dated 27.4.89 passed by the Addl. City Sessions Judge in Sessions Case No.266/87, which remained pending were these three Appeals i.e. Criminal Appeals Nos.300 and 325 of 1989 and Criminal Appeal No.956/90. The Division Bench on consideration of the following cases:-

(2.) Accordingly in terms of the order passed by the Hon'ble Chief Justice on 26.4.2000, these matters have been listed before us. It was given out by the learned A.P.P. that Shri Mangalsing Bhansing Rajput i.e appellant in Criminal Appeal No.300/89 has expired.

(3.) Sec.50 of the NDPS Act is reproduced as under:-