JUDGMENT

Pushpendra Singh Bhati, J. - Learned counsel for the petitioner submits that the accused Deva Ram was arrested and charged under Section 8/15 of the NDPS Act. Learned counsel further submits that from the possession of Deva Ram, 4 kg 200 gms of poppy husk/straw was recovered and also an amount of Rs. 4,91,100/- was recovered.

2. Learned counsel for the petitioner further submits that before the trial could be completed, the accused-Devaram died and he is survived by his wife and two small children. Learned counsel further submits that wife and minor children do not have much means for survival and the amount which belonged to deceased Devaram ought to be released to his wife and children.

3. Learned counsel for the petitioner also submits that NDPS Act envisages acquittal and conviction, but there is no direct law upon abatement and since the trial itself is abated, therefore, any kind of proof regarding the amount having been a sale proceeds would not be possible. Learned counsel further submits that the provisions of Sections 60, 61, 62 & 63 of NDPS Act deal with the situation where the person is acquitted or convicted but here is in the present case, the trial has abated b