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Bombay High CourtAPEAL/482/2008others disposed off

Chandrakant Namdeo Baharambe v. Narcotic Control Buraue And ANR.

2019-04-08Hon'Ble Justice Revati Mohite Dere3 pages

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 482 OF 2008 Chandrakant Namdeo Bharambe .Appellant Vs.

Narcotics Control Bureau & anr.

.Respondents Mr. K. R. Parmar, Advocate, for the Appellant Ms Rebecca Gonsalves, Advocate, for the Respondent No. 1 - NCB Mr. S. V. Gavand, APP, for the Respondent No. 2 - State

CORAM

:

REVATI MOHITE DERE, J.

DATE :

08.04.2019 P.C.

.

Learned counsel for the Appellant states that the Appellant wants to withdraw his Appeal, being Cri. Appeal No. 482 of 2008. The Appellant is present in person and re-iterates his request for withdrawal of his Appeal.

2.

The Appellant - Chandrakant Bharambe has also filed an Affidavit reiterating his request for withdrawal of his Appeal. 3.

Ms Gonsalves, learned counsel appearing for the

Narcotics Control Bureau states that the NCB has no objection, if permission is granted to the Appellant to withdraw his Appeal. 4.

The Appellant has been convicted and sentenced by the impugned Judgment and Order dated 29.02.2008 passed by the learned Special Judge, Greater Bombay, for the offence punishable under Section 8(c) r/w 22(b) of the Narcotic Drugs And Psychotropic Substances Act to suffer R. I. for seven years and to pay fine of Rs. 50,000/-, in default to suffer further R. I. for three years. The said Judgment and Order of conviction and sentence was challenged by the Appellant by filing the aforesaid Appeal. During the pendency of the Appeal, the Appellant has undergone the entire sentence. As far as the fine amount is concerned, the Appellant had paid the fine amount of Rs. 50,000/-. The same is not disputed. The Appellant has filed his Affidavit on 01.04.2019, seeking leave to withdraw his Appeal. 5.

Considering the aforesaid, there is no impediment in permitting the Appellant to withdraw his Appeal. Needless to mention, that withdrawal of the Appeal would mean that the

conviction and sentence imposed by the learned Special Judge stands confirmed. Accordingly, the Appeal is disposed of as withdrawn.

(REVATI MOHITE DERE, J.)