549 IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CRA-S-1107-SB-2007 (O&M) Date of Decision: 20.05.2025 RAM MEHAR …Appellant V/S STATE OF HARYANA …Respondent CORAM: HON’BLE MR. JUSTICE HARPREET SINGH BRAR Present: None for the appellant. Mr. Harkesh Kumar, AAG Haryana. **** HARPREET SINGH BRAR J. (Oral) 1. The present appeal has been filed against the judgment of conviction dated 01.05.2007 and order of sentence dated 02.05.2007 passed by learned Special Judge, Jind in the case stemming from FIR No. 64 dated 24.04.2003 registered under Sections 18/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as NDPS Act) at Police Station Julana. The appellant was sentenced as follows: Offence Sentence Section 18 of NDPS Act Rigorous imprisonment for 05 years and a fine of Rs. 25,000/- and in case of default, rigorous imprisonment 03 months. Section 20 of NDPS Act Rigorous imprisonment for 07 years and a fine of Rs. 30,000/- and in case of default, rigorous imprisonment 04 months. 2. At the outset, learned State counsel has produced photocopy of death certificate of the appellant and submits that appellant namely Ram Mehar has passed away (i.e. 27.05.2012) during the pendency of the present proceedings. Photocopy of the said death certificate is taken on record. Be tagged at the appropriate place. 3. In view of the judgment rendered by this Court in Shivji Ram @ Dimple vs. State of Punjab 2023(1) R.C.R.(criminal) 738 as well as the Full AJAY GOSWAMI 2025.05.23 16:01 I attest to the accuracy and integrity of this document CRA-S-1107-SB-2007 (O&M) -2- Bench of the Kerala High Court in Pazhani S/o Chami vs. State of Kerala 2017(1) R.C.R. (Criminal) 1045, the present appeal is disposed of with the following directions: vii. The appeal shall stand abated on account of death of the appellant. viii. The State exchequer shall be at liberty to recover the fine amount by adopting due process of the law. ix. If State chooses to start recovery process of the amount of fine from the estate of the deceased appellant, a valid notice in that regard would be served upon his legal heir(s) who has a vested right in the said estate. x. If any such legal heir or any interested person is aggrieved with the process of recovery of fine, he may move an appropriate application before this Court seeking revival of the appeal. However, the same must be done within 30 days of receipt of such notice. xi. Such legal heir or any interested person would also be at liberty to deposit the total amount of fine, which is subject matter of the appeal, in the office of concerned authority. xii. If revived, the appeal shall be heard on merits. 4. Pending miscellaneous application(s), if any, shall also stand disposed of. (HARPREET SINGH BRAR) 20.05.2025 JUDGE Ajay Goswami Whether speaking/reasoned Yes/No Whether reportable Yes/No AJAY GOSWAMI 2025.05.23 16:01 I attest to the accuracy and integrity of this document