755 IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CRA-S-2500-SB-2007 (O&M) Date of Decision: 02.04.2025 JARNAIL SINGH …Appellant V/S STATE OF PUNJAB …Respondent CORAM: HON’BLE MR. JUSTICE HARPREET SINGH BRAR Present: None for the appellant. Mr. Rishabh Singla, AAG Punjab. **** HARPREET SINGH BRAR J. (Oral) 1. The present appeal has been filed against the judgment of conviction and order of sentence dated 21.11.2007/22.11.2007 passed by learned Special Judge, Ferozepur in the case stemming from FIR No. 31 of 2005 registered under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as NDPS Act) at Police Station Mallanwala. The appellant was sentenced as follows: Offence Sentence Section 15(b) of NDPS Act Rigorous imprisonment for 01 year and a fine of Rs. 10,000/- and in case of default, rigorous imprisonment for 03 months. 2. At the outset, learned State counsel submits that appellant namely Jarnail Singh has died on 28.05.2018 and produced photocopy of his death certificate dated 15.06.2018. Same 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 2025.05.29 17:55 I attest to the accuracy and integrity of this document CRA-S-2500-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: (i) The appeal shall stand abated on account of death of the appellant. (ii) The State exchequer shall be at liberty to recover the fine amount by adopting due process of the law. (iii) 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 heirs who has a vested right in the said estate. (iv) 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. (v) 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. (vi) If revived, the appeal shall be heard on merits. 4. Pending miscellaneous application(s), if any, shall also stand disposed of. (HARPREET SINGH BRAR) 02.04.2025 JUDGE Ajay Goswami Whether speaking/reasoned Yes/No Whether reportable Yes/No AJAY GOSWAMI 2025.05.29 17:55 I attest to the accuracy and integrity of this document