LADHA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) In the present case, the appellant was convicted and sentenced by the learned Trial Court for offence under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the "Act") and ordered to suffer imprisonment for 7 years rigorous imprisonment and to pay a fine of Rs.25,000/- and in default to further undergo RI for a period of two years.

(2.) A death certificate has been placed on record by the learned State counsel to the effect that appellant has died on 01.11.2007. Till date no near relative of the appellant has applied for leave to continue with the appeal.

(3.) Since the appellant has expired, the sentence of rigorous imprisonment for the aforesaid offence under Section 15 of the Act stands abated. However, the question which falls for consideration of this Court is as to whether in a case where fine is imposed by the trial court apart from imposing sentence of rigorous imprisonment, on death of the appellant does the appeal abate qua fine also