SUBHASH CHANDER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been filed by appellant-Subhash Chander against judgment of conviction and order of sentence dated 12.1.2000 passed by learned Judge, Special Court, Kapurthala, whereby, the appellant was convicted and sentenced under Section 21 of NDPS Act to undergo RI for ten years and pay a fine of Rs. 1 lac and in default of payment of fine to further under RI for one year.

(2.) The appeal was admitted vide order dated 20.1.2000 and since the sentence imposed upon the appellant was not suspended, an order for listing of main appeal was passed. Recovery of fine was also not stayed. The appellant has expired during pendency of the appeal and appeal was ordered to be abated vide order dated 16.3.2005. Thereafter, an application was moved by the LR of deceased for recalling of the order of abatement and following order was passed by this Court on 21.12.2005:-

(3.) Since the appellant had expired during pendency of the appeal and sentence of rigorous imprisonment for offence under Section 21 of NDPS Act stands abated. Now the question for consideration by this Court is as to whether in a case where fine is imposed by the trial Court apart from sentence of rigorous imprisonment, whether on death of the appellant, appeal qua fine shall be abated or not