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2018 DAILYLAW 2624 (ALL)

DOLI v. STATE OF U.P.

CRLA/3679/2018 · 2026-05-07

Vani Ranjan Agrawal

Criminal Appealbody2018

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 3679 of 2018 Court No. - 93 HON'BLE MRS. VANI RANJAN AGRAWAL, J. 1. Affidavit of compliance filed by learned A.G.A. is taken on record. 2. Heard Sri Abhishek Yadav, learned counsel holding brief of Sri Awadhesh Kumar Yadav, learned counsel for the appellant and Sri Jai Prakash Tripathi, learned Additional Government Advocate appearing on behalf of the State. 3. This Criminal Appeal has been filed against the judgement and order dated May 14, 2018 passed by Additional District & Session Judge/F.T.C.-II Siddharth Nagar in Special Sessions Trial No.41 of 2014 (State Vs. Doli) arising out of Case Crime No.1006 of 2014, under Sections 8/20 N.D.P.S. Act P.S.Shohratgarh, District Sidharth Nagar whereby the appellant has been convicted for the offence under Section 20(II)(C) of the N.D.P.S. Act and sentence of ten years rigorous imprisonment with a fine of Rs.1,00,000/- with default stipulations. 4. The appeal has been filed, challenging the conviction and sentence of appellant on various grounds including earliest infirmities in appreciation of evidence of failure to consider certain material contradiction in the testimony of witnesses. 5. During the pendency of this appeal, it is brought to the notice of this Court Versus Counsel for Appellant(s) : Awadhesh Kumar Yadav, Surendra Mohan Mishra Counsel for Respondent(s) : G.A. Doli .....Appellant(s) State of U.P. .....Respondent(s) that the appellant has already undergone the entire period of sentence imposed by the trial court. 6. Learned counsel for appellant does not wish to press the appeal on merits as the appellant has already completed his entire sentence including the default sentence and prays that conviction may be set aside or in the alternative, the sentence may be deemed to have been undergone. 7. Learned Additional Government Advocate for the State respondent on the strength of custody certificate dated December 12, 2025 filed alongwith affidavit of compliance submits that appellant after completing his entire sentence including the default sentence, has already been released from jail on July 1, 2025. 8. I have perused the record and considered the submissions of both parties, the appeal has been pending for a long time and as per the custody report dated December 10, 2025 from the concerned jail authority, the appellant has served all the imprisonment imposed by learned trial court and has been released from as is evident from the custody certificate dated December 10, 2025. 9. In the aforesaid circumstances of the case where the entire sentence has already undergone and considering the nature of offence and the fact the appellant has already served out his entire sentence including the default sentence, no useful purpose would be served by entering into a detailed examination of evidence at this stage. 10. Since the appellant has already undergone the full period of sentence including the default sentence pursuant to order passed by the learned trial Court, therefore, nothing further survives in this appeal for adjudication as the learned counsel for the appellant does not wish press on the merits of the appeal. Accordingly, the conviction and sentence as awarded by the trial Court is hereby upheld. CRLA No. 3679 of 2018 2 11. The appeal is dismissed. 12. Let a copy of this order be communicated to the jail authorities concerned through Registrar (Compliance) of this Court. 13. A copy of this judgment alongwith the trial court record be transmitted to the Court concerned for necessary compliance. Compliance report be submitted to this Court, at the earliest. Office is directed to keep the compliance report on record. May 8, 2026 Dev CRLA No. 3679 of 2018 3 (Mrs. Vani Ranjan Agrawal,J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad