CR.A/59/1998 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL APPEAL No. 59 of 1998 For Approval and Signature: HONOURABLE MR.JUSTICE J.C.UPADHYAYA ====================================== 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ====================================== STATE OF GUJARAT - Appellant(s) Versus SAHEBRAO UKHADU - Opponent(s) ====================================== Appearance : MR MR MENGDE A.P.P. for Appellant(s) : 1, NOTICE SERVED for Opponent(s) : 1, MR SUNIL C PATEL for Opponent(s) : 1, ====================================== CORAM : HONOURABLE MR.JUSTICE J.C.UPADHYAYA Date : 11/03/2008 ORAL JUDGMENT By virtue of the judgment and order dated 07.11.1997, the respondent – accused came to be acquitted by the learned Judicial CR.A/59/1998 2/2 JUDGMENT Magistrate First Class, Valsad ('ld.Magistrate', for short) for the offence punishable under Section 66(1)(b) and Section 85(1)(3) of the Bombay Prohibition Act. Being aggrieved and dissatisfied by the impugned judgment and order passed by the ld.Magistrate, the State of Gujarat preferred this appeal under Section 378 of the Criminal Procedure Code, 1973. 2. When the appeal came up for final hearing today, learned A.P.P. Mr.M.R. Mengde for the appellant – State submitted that the respondent – accused died pending this appeal on 26.08.1998. In support thereof, along with the forwarding letter of the concerned Police Officer, the copy of the death certificate, showing that the respondent – accused had died on 26.08.1998 is produced. 3. In the result, nothing more is required to be done, so far as this appeal is concerned. The appeal therefore stands abated and is accordingly disposed of. The forwarding letter of the concerned Police Officer along with the copy of death certificate be taken on record. (J.C. Upadhyaya, J.) binoy