1 2025:CGHC:43367 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 569 of 2023 Karan Gond S/o Raju Gond Aged About 21 Years R/o Vidisha Road, Sukhisevania, P.S. Sukhisevania, District - Bhopal (Madhya Pradesh) ... Appellant versus State of Chhattisgarh Through - Police Station G.R.P., Raipur, District Raipur Chhattisgarh. ... Respondents For Appellant : None. For Respondent : Mr. Atanu Ghosh, Dy. Govt. Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 26.08.2025 1. None appeared on behalf of the appellant to press this appeal when the case is called for hearing today. 2. This appeal is directed against the impugned judgment of conviction and order of sentence dated 24.11.2022 passed by the Learned Special Judge (N.D.P.S. Act) Raipur, (C.G.) in Special Case No. 16/2021, whereby the appellant was convicted under Section 20(b)(ii)(B) of the Narcotics, Drugs and Psychotropic Substance Act, 1985 and sentenced to undergo rigorous imprisonment for 04 years with fine of Rs. 25,000/-, in default of payment of fine, further RI for 03 months. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.08.29 11:26:56 +0530 2 3. It transpires from the record that the present appeal which was filed as a fresh case before the Co-ordinate Bench of this Court on 14.03.2023 and 08.05.2023, in-spite of twice the same being listed before the Co- ordinate Benches of this Court, the same was not admitted as it suffers from defect and the applicant’s counsel was granted time to remove the default. In the meantime the applicant’s counsel has cured the defect pointed out by the Registry. 4. From perusal of the memo dated 25.08.2025 sent by the Superintendent of Central Jail, Raipur, it appeared that the appellant has already undergone the sentence of rigorous imprisonment for 04 years, as awarded by the concerned trial Court and on account of non-payment of fine, he further undergo rigorous imprisonment for 03 months and presently, the appellant is not incarcerate in jail. 5. In view of the above, as the appeal has not yet been admitted and the delay has not yet been condoned and the applicant has already served out the jail sentence, the instant appeal is accordingly dismissed on this ground alone. 6. Let a copy of this judgment and the original record be transmitted to the trial court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhishek