JUDGMENT

Dr. Arijit Pasayat, J. —

1. This appeal was filed challenging the correctness of the judgment of a learned Single Judge of the Orissa High Court. The appellant-Hari Prasad Chhopolia was convicted for offences punishable under Sections 135(b)(1) of the Customs Act, 1962 (in short the ‘Customs Act’) and Section 85 (ii), (iii), (viii) and (ix) of the Gold (Control) Act, 1968 (in short the ‘Gold Act’) by the trial Court. The High Court by the impugned oder set aside the conviction and sentence for the offence punishable under Section 135(b)(1) of the Customs Act while upholding the conviction for the offence punishable under Section 85 of the Gold Act. Leave was granted by this Court by order dated 17.1.2002. The matter was listed for hearing on 7.6.2007 when none appeared for the appellant. The matter was adjourned to 12.6.2007 when it was mentioned that the appellant-Hari Prasad Chhapolia has died. Learned counsel for the appellant wanted to take instructions and, therefore, the matter was directed to be listed after three weeks. The matter was listed on 17.7.2007 when on the prayer made by the learned counsel for the appellant the matter was adjourned by four weeks. On 29.8