JUDGMENT

N.S. Shekhawat, J.

Challenging the correctness and illegality of the impugned judgment of conviction and order of sentence dated 16.05.2000, passed by Additional Sessions Judge, Sirsa, whereby the accused Chhotu Ram alias Hakam son of Gurdial Singh was convicted for the offence punishable under Section 18 of NDPS Act (hereinafter referred to as the Act) was sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1 lac, in default of payment of fine, he was to further undergo rigorous imprisonment for a period of one year only.

2. Chhotu Ram alias Hakam had initially filed the appeal before this Court, which was admitted by this Court vide the order dated 02.06.2000. Vide the order dated 15.03.2007, the sentence imposed on Chhotu Ram alias Hakam, the appellant was ordered to be suspended during the pendency of the present appeal. On 17.11.2022, learned State counsel, on instructions from SI Suresh Kumar, submitted that the appellant had died. However, learned State counsel submitted that the amount of fine may be recovered from the legal representatives of the appellant, in view of the judgment passed by the Hon'ble Supreme Court in the matter of Criminal Appeal No.77 of 2020, titled as "Ramesan (dead) through LR. Girija A v. The State of Kerala."

3. Learned State counsel moved an application for impleading the LRs of the sole appellant Chhotu Ram alias Hakam (since deceased) and his legal representatives namely, Buta Singh and Rinku, both sons of Chhotu Ram alias Hakam were ordered to be impleaded as legal representatives of the original appellant and the amended memo of parties was taken on record. Ultimately, the Registry of the Court was directed to issue notice to the legal representatives of the appellant. As a consequence, the Registry of the Court issued the notice and they were duly served on 09.03.2023, still no one appeared before this Court to assist the Court on their behalf and finally, this Court appointed Mr. H.S Randhawa, Advocate as Amicus Curiae for the legal representatives of the Chhotu Ram alias Hakam, the original appellant.

4. The brief facts of the case are that on 16.02.1994, ASI Nand Lal was present in the area of Village Abubshahar along with other police officials and a pedestrian was noticed, who was coming from the side of Village Abubshahar and a plastic bag was hanging on his right shoulder. On seeing the police party, the accused became nervous and he turned back and tried to go away on a fast step to avoid the police. Noticing his suspicious conduct, he was apprehended by the police party. ASI Nand Lal served a notice upon him under Section 50 of the Act and gave him an option to get the search conducted in the presence of a Magistrate or a Gazetted Officer. The accused opted to get his search conducted in the presence of a Gazetted Officer and his statement was recorded separately in this regard. Jagdish Chand Nagar, DSP, Dabwali arrived at the spot and supervised the search operation. It was found that the accused was carrying 3 kgs of opium in his bag. A sample weighing 10 grams of opium was removed from the seized contraband and the remaining contents were weighed and found to be 2Kgs and 990 grams in all. The two sealed parcels were consequently, sealed and deposited with the MHC of the police station. The sample was sent to the laboratory for chemical analysis and was found that the substance recovered from the accused was opium. Ultimately, a final report under Section 173 Cr.PC was prepared under Section 18 of the NDPS Act. Finding a prima facie case, charge under Section 18 of the Act was ordered to be framed against the appellant Chhotu Ram alias Hakam and he pleaded not guilty and claimed trial.

5. In support of the prosecution case, the prosecution examined three witnesses. HC Nihal Singh was examined as PW-1, who along with ASI Nand Lal and other police officials was present at the time of recovery of the contraband and arrest of the