R.N.Koppikar,I.O.Ncb,Bombay. v. Bakul Nemchand Shah And 2 ORS.

201 - APEAL. 341-96 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 341 OF 1996 Mr. R. N. Koppikar, Intelligence Officer, Narcotic Control Bureau, Bombay ...

Appellant Vs.

Bakul Nemchand Shah & Ors.

...

Respondents *** Mr. Hiten S. Venegaonkar a/w Ajay Bhise, Vinit Vaidya, Tejas Dhotre, Ms. Vaidehi Pusalkar, for the Appellant. Mr. Aniket Nikam, Amicus Curiae.

*** CORAM : INDRAJIT MAHANTY, & SARANG V. KOTWAL, JJ.

DATE : MARCH 7, 2019 PC :

1.

Heard the learned counsel appearing on behalf of the Appellant - Narcotic Control Bureau, Bombay. This appeal has been filed seeking to challenge the judgment and order of acquittal passed in NDPS Special Case No. 33 of 1993, by the learned Special Judge, Greater Bombay, dated 13.2.1996. 2.

On perusal of the record of the proceedings, it appears that by an order dated 23rd March, 1999, the appeal against Respondent No. 2 Shyam Bavdu Bavdane was abated in view of the fact that he has passed away. Today, the learned counsel 1 / 2

201 - APEAL. 341-96 appearing for the Appellant has produced the death certificate of Respondent No. 1 Bakul Nemchand Shah, obtained from the Municipal Corporation, Greater Bombay, it is taken on record and marked "X" for identification. Therefore, appeal against Respondent No. 1 is also abated. Since the appeal against both the accused (Respondent No. 1 and the Respondent No. 2 herein) is abated, present appeal is disposed of as abated. 3.

Learned amicus curiae, appointed by this Court, may be paid his entitlement as per rules.

Sd/- Sd/- [SARANG V. KOTWAL, J.] [INDRAJIT MAHANTY, J.] Vinayak Halemath 2 / 2