CRA-S-679-SB-2005 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 202 CRA-S-679-SB-2005 Date of Decision: 24.01.2025 RATTANI ......... Appellant Versus STATE OF HARYANA ......... Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- None for the appellant. Mr. Aashish Bishnoi, D.A.G., Haryana. **** ANOOP CHITKARA, J. (ORAL) Facts of the case are that on 24.06.2003, at the %me of patrolling, ASI Har Narain along with other police officials, he received a secret informa%on that a lady was going towards village Mokhra for selling charas, if a raid is conducted, she could be caught red handed. Based on this informa%on, a raid was conducted. On the basis of suspicion, she was apprehended with her plas%c bag. On searching her bag, the police recovered 500 grams charas. A2er comple%ng the requirements of NDPS Act, FIR was registered. Subsequently, the accused was arrested and prosecu%on was launched against her. Vide judgment dated 01.03.2005 passed by Special Judge, Rohtak, the accused was found guilty and was convicted under Sec%on 20 of the NDPS Act and the convict was sentenced to undergo rigorous imprisonment for three years and pay of fine Rs. 25,000/- and in default of payment of fine she shall further undergo rigorous imprisonment for six months. 2. Feeling aggrieved, appellant- Ra;ani came up before this Court by filing the present criminal appeal on 07.04.2005. 3. On 08.04.2005, a co-ordinate Bench of this Court admi;ed the appeal, stayed the recovery of fine and suspended the sentence of the applicant. 4. State counsel submits that the appellant- Ra;ani has expired in the year 2016 and status report along with her death cer%ficate filed today in the Court, which is taken on JYOTI 2025.02.04 15:43 I attest to the accuracy and integrity of this order/judgment. CRA-S-679-SB-2005 2 record. He further submits that amount of fine is s%ll pending and prayed for issuance of no%ce to legal heirs. 5. None has appeared on behalf of the appellant. 6. No ground is made out to issue no%ce to legal heirs as Sec%on 394 CrPC provides provision for abatement, which reads as follows: “Abatement of appeals.-(1) Every appeal under Secon 377 or Secon 378 shall finally abate on the death of the accused. (2) Every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate on the death of the appellant. Provided that where the appeal is against a convicon and sentence of death or of imprisonment, and the appellant dies during the pendency of the appeal, any of his near relaves may, within thirty days of the death of the appellant, apply to the Appellate Court for leave to connue the appeal; and if leave is granted, the appeal shall not abate.” 7. Since the order of stay of fine was never recalled, as such, present appeal against the appellant stands disposed of having been abated. Bail bonds and surety bonds, if any, furnished stand discharged. All pending miscellaneous applica%ons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 24.01.2025 Jyo-II Whether speaking/reasoned Yes/No Whether Reportable Yes/No JYOTI 2025.02.04 15:43 I attest to the accuracy and integrity of this order/judgment.