1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1163 OF 2000 K.C.Pillai Anilkumar @ Anilkumar Petitioner versus State of Maharashtra Respondent None for the petitioner. Rajesh More, APP for State. CORAM : A.S.OKA, J. DATE : 24th June 2009 PC :- 1. Perused the office reports. The office reports show that the order of conviction passed by the learned Special Judge under the Narcotic Drugs and Psychotropic Substances Act against the petitioner has been modified by this Court while disposing of the Criminal Appeal No.275 of 1999. The substantive sentence of imprisonment of ten years was maintained and the sentence in default was reduced from six months to one month. The judgement and order passed by this Court in the appeal on 9th July 2004 shows that an impression was created that the petitioner was in jail undergoing the sentence. In fact, it is recorded in the order that for more than nine years and four months the petitioner in this petition was in the custody. 2 2. The present petition was received from the petitioner who was in jail. The original petition received from jail has been misplaced and, therefore, the registry started procedure of reconstruction. A copy of the petition was required and, therefore, the registry through the Trial Court ascertained whether the petitioner is in jail. The report received from the Superintendent of Nashik Road Central Prison shows that the petitioner was released on parole leave on 14th October 2002 and thereafter he has not surrendered and till the date of report i.e. 26th January 2009 the petitioner has not been arrested. Thus, the report of the Registry is that as the petitioner is absconding, it is not possible to procure a copy of the petition from him. 3. In view of this factual aspect, now the file of the writ petition cannot be reconstructed and the petition shall be treated as disposed of. 4. Criminal Appeal No.275 of 1999 shall be placed before the concerned Court taking-up the criminal appeals along with copies of report received from the concerned Court and jail authorities so that appropriate directions could be issued in the appeal. (A.S.OKA, J.)