IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.MMO No. 134 of 2009 Decided on : 5.11. 2009. Mohit …Petitioner. Versus State of Himachal Pradesh ....Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting ? No For the Petitioner : Mr. N.S.Chandel, Advocate and Mr. Dinesh Thakur, Advocate. For the Respondent : Mr. A.K.Bansal, Addl. A.G. with Mr. R.P.Singh, Asstt. A.G. __________________________________________________________ Kuldip Singh, Judge (Oral ) The petitioner is facing trial under Sections 18, 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in the Court of learned Special Judge, Rampur along with other accused on the allegations that they were found in possession of 6.455 kilograms of charas and 320 grams of opium on 22.6.2008 at Kiran Bazaar, Ani. The petitioner is in custody. The case is fixed for evidence on 9th & 10th December, 2009. 2. The case of the petitioner is that the father of the petitioner was admitted in hospital at Rohtak and died on 11.10.2009. The petitioner could not perform last rites of his father. The petitioner is the eldest son and his presence was very essential 2 in order to perform uttahala / kirya of his father and to give support and strength to his old mother at the hour of grief and sorrow. The petitioner had filed an application to learned Special Judge, Rampur for sending him in custody for attending uttahala/kirya of his father which was dismissed on 14.10.2009. The petitioner in the petition has prayed that directions may be given to jail authorities to send the petitioner lodged in judicial custody along with a person to his native place to attend the last rites of his father for three days. The petition was heard on 4.11.2009 when Mr. N.S.Chandel, Advocate had made submissions on behalf of petitioner. On 5.11.2009 Mr. Dinesh Thakur, Advocate has appeared on behalf of petitioner. 3. It is unfortunate that the father of the petitioner had died on 11.10.2009. The prayer in the petition is for sending the petitioner to attend the last rites of his deceased father for three days in custody. In the petition, the last rites in the form of uttahala/kirya of the father of the petitioner has been pleaded. The father of the petitioner had died on 11.10.2009. The petitioner in the petition has not stated on which date the uttahala/kirya of the father of the petitioner has been fixed. The judicial notice of the fact can be taken that in Hindus such rites generally are over in about two weeks after the death. In view of this situation, the petition does not survive and is accordingly dismissed. November 5, 2009. ( Kuldip Singh ), (GR) Judge.