Bombay High Court

DEEPAK R. KAMBLEversusTHE STATE OF MAHARASHTRA

Decided: 24 September 2026
Disposal: Abated

Holding

The appeal is dismissed as abated due to the appellant's death.

Summary

The appellant, Deepak Rayappa Kamble, was convicted by the Additional Sessions Judge, Thane, under Section 20(b)(i) of the Narcotic Drugs & Psychotropic Substances Act. He filed Criminal Appeal No. 19 of 2001 challenging the conviction. During the pendency of the appeal, a police report dated 21 August 2026 indicated that the appellant had died on 25 November 2025. The High Court considered the effect of the appellant's death on the pending criminal appeal. Applying the principle that criminal proceedings abate upon the death of the accused, the Court dismissed the appeal as abated. No substantive merits of the conviction were addressed.

Issues considered

What is the effect of the death of an appellant on a pending criminal appeal?

Legislation cited

Narcotic Drugs & Psychotropic Substances Act — s. 20(b)(i)

Subjects

criminal appeal
abated proceedings
death of accused
NDPS Act
conviction
appeal dismissal

Judgment

                                                         1             7-APEAL 19-01.doc



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CRIMINAL APPELLATE JURISDICTION
                                           CRIMINAL APPEAL NO.19 OF 2001

                      Deepak Rayappa Kamble                       … Appellant
                            Vs.
                      The State of Maharashtra                    … Respondent
                                                           -----
                      Mr. B. G. Tangsali for the Appellant.
                      Mr. Y. Y. Dabake, APP for the Respondent-State.
                                                           -----
                                                      CORAM : N.R. BORKAR, J.
                                                      DATE       : 24TH SEPTEMBER 2026
                      P.C. :
MUGDHA
MANOJ                 1.       This Appeal takes exception to the judgment and order dated 08 th
PARANJAPE
Digitally signed by
MUGDHA MANOJ
PARANJAPE
                      December 2000 passed by the Additional Sessions Judge, Thane in Special
Date: 2026.09.24
15:17:51 +0530
                      Sessions Case No.694 of 1994.


                      2.       By the impugned judgment and order, the Learned Additional
                      Sessions Judge has convicted the present Appellant for the offence
                      punishable under Section 20(b)(i) of the Narcotic Drugs & Psychotropic
                      Substances Act.


                      3.       The report submitted by the concerned police station dated 21 st
                      August 2026 shows that during pendency of the present Appeal, the
                      Appellant has expired on 25th November 2025.


                      4.       In that view of the matter, the Criminal Appeal is dismissed as
                      abated.


                                                                  (N.R. BORKAR, J.)


                           Mugdha                                                           1 of 1

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