1 2025:CGHC:16791 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 36 of 2020 Dashlal S/o Ghasiyaram Aged About 50 Years R/o Village - Ravanaguda, Chowki - Kudai, Police Station - Raighar, District - Navrangpur ( Oddisa ). ... Appellant versus State of Chhattisgarh Through The Station House Officer, Police Station - Vishrampuri, Keshkal, District - Kondagaon, Chhattisgarh. ---- Respondent For Appellant : Mr. Krishna Tandon, Advocate For State-Respondent : Mr. Rishabh Singh Deo, P.L. Hon’ble Shri Arvind Kumar Verma, Judge Judgment on Board 09/04/2025 1. Today when the matter is called out for hearing, no one appeared on behalf of the appellant I, therefore, requested for assistance from a Counsel of the High Court Legal Aid Services Committee, Mr. Krishna Tandon, Advocate has been nominated to assist the Court. 2. I have gone through the judgment under appeal and the depositions 2 of witnesses and exhibits assisted both by Advocate, Mr. Krishna Tandon through the High Court Legal Services Committee and Learned State Counsel. In view of (2014) 14 SCC 222 (Surya Baksh Singh v. State of Uttar Pradesh), I do not consider it necessary to adjourn this case and issue fresh notice to the Appellant as his interest has been duly taken care of by nominating another Counsel from the High Court Legal Services Committee. 3. The appellant has filed the instant appeal under Section 374(2) of the Code of Criminal Procedure, 1973, (henceforth ‘the Cr.P.C.') questioning the judgment of conviction and order of sentence dated 27.11.2019 passed in Special Case (NDPS Act, 1985) No.12/2019 by the learned Special Judge, NDPS Act, 1985, Kondagaon, District Kondagaon (C.G.), whereby the appellant has been convicted and sentenced as under :- Conviction Sentence In Default Under Section 20(b)(ii)(B) of the NDPS Act, 1985 R.I. for 03 months and fine amount of Rs.10,000/- Additional RI for one month 4. When the case is taken up for hearing, learned counsel for the appellant submits that the sentence awarded to the appellant by the trial Court has already been completed and fine amount has already been deposited. He further submits that the appellant has already 3 been released from jail on 14.01.2020, as such, instant criminal appeal be disposed of accordingly. 5. Learned State counsel submitted a report dated 19.08.2020 received from the Office of Jail Superintendent, Central Jail, Jagdalpur, District Bastar (C.G.) and would submit that the appellant has already completed his jail sentence awarded to him by the trial Court and has been released from jail on 14.01.2020. In this regard, he has placed reliance on the dictum rendered by Hon'ble Supreme Court in the matter of Suresh Singh and Another v. State of Haryana reported in (2007) 13 SCC 518. Paragraph-12 of the said judgment is relevant for the purpose, which is reproduced below for easy reference :- "12. It appears that thereafter on 22.01.2007, Criminal Miscellaneous Petition No. 1497 was filed wherein it was stated that Devender Singh (Accused 1) had expired. Death certificate was also produced along with the application. It was further stated that Jai Bhagwan (Accused 2), Jai Pal (Accused 4) and Shamsher Singh (Accused 5) be permitted to withdraw from special leave petition since all the three had already undergone the sentence and special 4 leave on their behalf had become infructuous. The said application was allowed by the Court and the prayer was granted. Thus, out of the six accused only two have remained viz. Suresh Singh, Appellant 1 (Accused 3) and Jagbir Singh, Appellant 2 (Accused No.6)." 6. Since the appellant has already completed his jail sentence as also deposited the fine amount and has been released from jail on 14.01.2020 and learned counsel for the appellant does not want to press this appeal on merits, instant criminal appeal is disposed of. 7. Let the written instructions received from the Jail Superintendent, Central Jail, Jagdalpur, District Bastar (C.G.), be kept on record. Sd/- (Arvind Kumar Verma) Judge Vasant