The central legal point established in the judgment is the need for fair trials and the accused's opportunity to explain the case against them, as emphasized in Section 313 of the Criminal Procedure Code.

JUDGMENT

Sanjay Vashisth, J. (Oral) - Present appeal is filed by appellants - Avtar Singh and Balkar Singh, against the judgment of their conviction and order of sentence dated 21.08.2003, passed by Ld. Judge, Special Court, Jalandhar, in Sessions Case No.35 of 2003, arising from FIR No. 49 dated 01.07.1997, under Section 15 of the Narcotic Substances and Psychotropic Substances Act, 1985 (for brevity 'NDPS Act'), Police Station Adampur.

2. For the recovery of 140 KG of poppy-husk, appellants (hereinafter referred to as 'accused'), were sentenced to undergo RI for a period of 10 years each and to pay a fine of Rs.1 lac each, and in default of payment of fine to further undergo RI for one year each.

3. Order dated 15.12.2022 passed by this Court says as under:

'Ld. Legal Aid Counsel appears and submits that out of three convicts, present appeal was filed by Avtar Singh and Balkar Singh, and Avtar Singh had died. Another, appeal i.e. CRA-1679-SB-2003 (O&M), filed on behalf of Jagir Singh, has already been decided on 11.02.2010, by the Coordinate Bench of this Court, wherein, said Jagir Sijngh has been acquitted.

Ld. Legal Aid Counsel also points out the order dated 13.12.2018, by which present appeal qua appellant No.1 - Avtar Singh, has already been noticed to be abated. Order dated 13.12.2018 says as under:-

'Learned State counsel on instructions from ASI Narinder Singh of Police Station Adampur, stated that appellant - Avtar Singh died on 15.12.2005, therefore, qua him appeal stand abated.

It has been pointed out by learned counsel for the appellants that Jagir Singh filed appeal CRA- 1679-SB-2003 titled as Jagir Singh Vs State of Punjab and the same was allowed by this Court vide judgment dated 11.02.2010.

Learned State counsel seeks time to verify as to whether judgment in case of Jagir Singh, has been challenged before the Hon'ble Supreme Court of India or not?

Adjourned to 23.01.2019.'

In view of the fact recorded in the order dated 13.12.2018, present appeal stands abated qua appellant No.1 - Avtar Singh, and is now left with the issue to decide the fate of appeal on behalf of remaining appellant i.e. Balkar Singh.

Adjourned to 20.12.2022, for arguments.

Registry is directed to attach the file of Criminal Appeal No.1679-SB-2003 (Jagir Singh Vs. State of Punjab) along with present appeal, for the date fixed."

4. In view of the fact recorded in the said order, present appeal stands abated qua appellant No.1 - Avtar Singh, and is now left with the issue to decide the fate of appeal on behalf of remaining appellant i.e. Balkar Singh.

5. Today, while opening the arguments, Mr. Lokesh Sharma, Advocate, Legal Aid Counsel for the appellants, appointed by this Court vide order dated 14.11.2022, points out that Criminal Appeal filed by 3rd accused Jagir Singh i.e. CRA- 1679-SB-2003 was allowed on 11.02.2010. While citing the judgment, which is now uploaded as ' Jagir Singh v State of Punjab ,\ CRA- 1679-SB-2003, Law Finder Doc ID #212260, learned counsel for the appellant submits that while recording statement under Section 313 Cr.P.C., accused- Jagir Singh (already acquitted) and Balkar Singh (appellant in the present appeal) have adopted the same plea and in defence, they had examined one witness i.e. Satnam Singh as DW 1. Counsel refers to paragraphs 6 to 19 of the said judgment and submits that case of the present appellant is entirely covered with the arguments addressed in Jagir Singh's case (supra) decided by this Court.

Paragraphs 6 to 19 of the said judgement are reproduced here below:

'6. After hearing the learned Additional Public Prosecutor for the State, the learned defence counsel and examining the evidence on record, the learned trial Court convicted and sentenced the accused as noticed at the outset. Feeling aggrieved therewith, Jagir Singh accused has preferred this appeal.

7. I have heard the learned counsel for the parties, besides perusing the record with due care and circumspection.

8. On behalf of the appellant, it has been