Ibrahim v. Union of India

Court No. - 16 Case :- CRIMINAL APPEAL No. - 2510 of 2006 Appellant :- Ibrahim Respondent :- Union of India Counsel for Appellant :- Anil Kumar Pandey,A.P. Mishra Counsel for Respondent :- Rakesh Kumar Awasthi,Sm Singh Royekwar Hon'ble Shamim Ahmed,J.

¶1Heard Shri Anil Kumar Pandey, learned Counsel for the appellant, Shri Vaibhav Saxena, Advocate holding brief of Shri S.M. Singh Royekwar, learned Counsel for Union of India and Shri Ashok Kumar Singh, learned A.G.A-I for the State.

¶2The present criminal appeal under Section 374(2) Cr.P.C. against the judgment dated 06.11.2006 and order dated

09.11.2006 passed by learned Special Judge (E.C. Act), District-Lucknow, In Criminal Case No.87/1999 (Union of India vs. Ibrahim & Others) challaned by Central Bureau of Narcotics, Lucknow convicting and sentencing the appellant under Section 8/21 of N.D.P.S. Act for a period of ten years rigorous imprisonment and a fine of Rs.1,00,000/- (Rupees One Lakh Only) and in default of payment of fine for a period of one year further imprisonment.

¶3In compliance of the order dated 02.08.2024 passed by this Court, Shri Ashok Kumar Singh, learned A.G.A-I for the State has produced a copy of the report obtained from the office of Senior Superintendent, District-Jail, Lucknow, wherein it has been clearly mentioned that the appellant has completed the entire sentence of ten years awarded to him in the aforesaid criminal case and has also deposited the fine of Rs.1,00,000/- imposed upon him, thereafter, he was released from the District-Jail, Lucknow on 01.01.2018.

¶4Learned Counsel for the appellant submits that he do not want to press this appeal on merits as the appellant has already served his entire sentence awarded to him and also deposited the fine imposed upon him, this fact has also been verified by the Senior Superintendent of District-Jail, Lucknow vide his report dated 06.08.2024, thus, no useful purpose will be served in keeping this appeal pending and this Court may decide this appeal in accordance with law.

¶5Learned Counsel for the Union of India as well as learned A.G.A-I for the State also made an agreement with the submissions advanced by learned Counsel for the appellant and submits that as per the report dated 06.08.2024 of Senior Superintendent, District-Jail, Lucknow it is clear that the appellant has completed his sentence and also deposited the fine imposed upon him, thus, they have no objection if this appeal is decided in terms of the report dated 06.08.2024.

¶6After hearing learned Counsel for the parties and after perusal of report dated 06.08.2024 of Senior Superintendent, District-Jail, Lucknow, this Court finds that the appellant has already served his entire sentence of ten years and also deposited the fine imposed upon him, this fact has also been verified by the Senior Superintendent of District-Jail, Lucknow vide his report dated 06.08.2024 and further learned Counsel for the appellant does not want to press this appeal on merits and learned Counsel for the respondents have also supported the submissions advanced by learned Counsel for the appellant, thus, nothing remains to be decided by this Court in the present appeal.

¶7In view of the above, the present appeal is decided accordingly.

¶8Consigned to record.

¶9Trial court record, if any, be returned back to the trial court concerned. Order Date :- 7.8.2024 Piyush/- High Court of Judicature at Allahabad, Lucknow Bench