The single-judge court recorded that the appellant, Mohammad Mustafa, died before a report dated 28.03.2018. Consequently, the court held the criminal appeal to be abated and dismissed it without addressing merits.
The criminal appeal was dismissed as abatement.
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Court No. - 42
Case :- CRIMINAL APPEAL No. - 669 of 2000
Appellant :- Mohammad Mustafa Respondent :- State Of U.P. Counsel for Appellant :- K.K. Mishra,Shashi Kant Misra
Counsel for Respondent :- Govt. Advocate
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant, learned AGA for the State and perused the record.
The instant appeal has been preferred against the judgment and order dated 02.02.2000 passed by Vth Additional Sessions Judge, Varanasi, in Criminal Case No.317 of 1993 under Section 21 NDPS Act, Police Station NCB Varanasi, District Varanasi whereby the appellant has been sentenced to ten years rigorous imprisonment coupled with fine Rs.1,00,000/-, in case of default in payment of fine, additional two years rigorous imprisonment.
Vide report of the Chief Judicial Magistrate, Faizabad dated 28.03.2018, it has been intimated that the sole appellant Mohammad Mustafa has died.
In view of above, this appeal is liable to be dismissed as abated.
The present appeal is, accordingly, dismissed. Order Date :- 3.7.2018 rkg
Mohammad Mustafa
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
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