BIJAYA KUMAR SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present Criminal Appeal is directed against the judgment dtd. 13/6/1995 passed by the learned Sessions Judge, Balangir in Sessions Case No. 8 of 1995, whereby the appellant and the co-accused were found guilty for the offence punishable under Sec. 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "NDPS Act ") and were sentenced to undergo rigorous imprisonment for four years each and to pay a fine of Rs.25,000.00 each, in default, to undergo further rigorous imprisonment for one year each.

(2.) During the pendency of the appeal, appellant No.2 (Bidyadhar Sahu) is stated to have expired and accordingly, the appeal survives only in respect of appellant No.1, namely Bijaya Kumar Sahu. In so far as the deceased appellant No.2 is concerned, the appeal stands abated in the absence of application under Sec. 394 of Cr.P.C. by his L.R. or next friend. The written instruction is already on record.

(3.) Heard Mr. Debi Prasad Pattnaik, learned counsel, for the appellants and Mrs. Sarita Moharana, learned Additional Standing Counsel for the State.