SANKAPAKA LAXMAN BHOOMAIAH ALIAS BABU Vs. INTELLIGENCE OFFICER

JUDGEMENT

(1.) The appellant has preferred this appeal challenging the judgment and order dated 27.7.1995 passed by the Special Judge (N.D.P.S.)Court for Greater Bombay in N.D.P.S. Special Case No. 208/1989 on 27.7.1995, whereby the appellantaccused was acquitted of offence punishable under Section 8(c) read with Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (N.D.P.S. Act). The accused were directed to be set at liberty forthwith, if not required in any other case. However, learned Special Judge directed that muddemal property to be destroyed after the appeal period is over, while the cash amount of Rs.10,000/( US dollar 1000) and amounts under the fixed deposit receipts were directed to be forfeited to the State, after the appeal period is over.

(2.) The learned Counsel for the appellant remained absent at the time of final hearing. None is represented by Respondent No. 1. Shri D.P.Adsule, learned Addl.Public Prosecutor is present and he supported the impugned judgment and order. Relavant observation of the Supreme Court in S.J. Chaudhary v. State (Delhi Administration), 1984 AIR(SC) 618 wherein it has been observed thus :

(3.) A criminal appeal is further continuation of trial proceedings and has same urgency to be concluded as early as possible by same analogy. An Advocate accepting criminal appeal must attend it, at final hearing. His failure without any pressing or inevitable reason will amount to professional misconduct or breach of his professional duty.