MAINABAI ANKALU BHAGAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant Mainabai and Ankalu had challenged their conviction for the offence punishable under Sec.20 (b) (i) of Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as N. D. P. S. Act) and sentence of rigorous imprisonment for six months and fine of Rs. Five Hundred, imposed upon them by the learned Sessions Judge, Chandrapur.

(2.) The appellants were prosecuted before the learned Sessions Judge on the following facts: on 01.01.1993 P. S. I. Sayyed raided house of the accused after complying requisite formalities. Accused Ankalu was not present but his wife accused Mainabai was present. A cloth bag containing about 40 gms Ganja was seized from the house of the accused. After completing investigation charge sheet was sent up. The learned Sessions Judge charged the accused of offence punishable under Sec.20 (b) (i) read with 27 of the N. D. P. S. Act. Since they pleaded not guilty, he put them on trial and upon consideration of evidence of four witnesses, tendered before him, the learned Sessions Judge came to hold the appellants guilty, convicted and sentenced them, as aforementioned. Aggrieved thereby they have appealed.

(3.) When the appeal came up for hearing, since none appeared a notice was issued, which revealed that appellant No.2 Ankalu had died on 13th August, 2001, the proceedings against Ankalu therefore, abate.