1 2026:CGHC:6841 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1445 of 2019 1 - Dead (Phoolsingh Patel) Through Legal Heir Dharamveer Patel S/o Late Phool Singh Patel, Aged About 28 Years R/o Samerchua, P.S. Jharhagaon, District Mungeli Chhattisgarh., District : Mungeli, Chhattisgarh ... Appellant(s) versus 1 - State Of Chhattisgarh Through Police Station Pathariya, District Mungeli Chhattisgarh, District : Mungeli, Chhattisgarh ---Respondent(s) For Applicant : Ms. Swati Kurre on behalf of Ms. Shivali Dubey, Advocate For Respondent/State : Mr. Mahesh Kashyap, P.L. Hon’ble Shri Arvind Kumar Verma, Judge Judgment on Board 06.02.2026 1. This criminal appeal has been filed under Section 374 (2) of Cr.P.C. by the appellant against the judgment of conviction and order of sentence dated 11.04.2019 passed by the learned Special Judge (N.D.P.S. Act) Mungali in Special criminal case No. 02/2017, whereby the appellant has been convicted under Section 20(B)(ii)(B) of NDPS Act, R.I. for four years and fine of Rs. 25,000/- in default of payment of fine one year additional R.I. Digitally signed by JYOTI JHA Date: 2026.02.07 12:41:59 +0530 2 2. During the pendency of the present criminal appeal, it has been brought to the notice of this Court by learned counsel for the appellant that the sole appellant has expired. In support of the said submission, learned counsel has placed reliance upon the death certificate on record. In view of the death of the appellant, learned counsel for the appellant submits that the present appeal does not survive and may be dismissed as not pressed. 3. Learned counsel appearing for the State does not dispute the factum of death of the appellant and has no objection to the prayer made by learned counsel for the appellant for dismissal of the appeal as not pressed. 4. Considering the submissions advanced by learned counsel for the parties and in view of the admitted position that the appellant has expired during the pendency of the appeal, the present criminal appeal has become infructuous. Accordingly, the appeal is dismissed as not pressed. Sd/- (Arvind Kumar Verma) Judge Jyoti