Allahabad High Court

DOLIversusSTATE OF U.P.

Decided: 7 May 2026
Bench: VANI RANJAN AGRAWAL

Holding

The appeal is dismissed and the conviction and sentence awarded by the trial court are upheld.

Summary

The High Court of Allahabad considered Criminal Appeal No. 3679 of 2018 filed by Doli against his conviction under Section 20(II)(C) of the Narcotic Drugs and Psychotropic Substances Act, which imposed ten years’ rigorous imprisonment and a fine of Rs 1,00,000. The appellant challenged the conviction on evidentiary grounds but had already completed the entire term of imprisonment, including the default period, and was released on July 1 2025. He further expressed that he did not wish to press the appeal on its merits, seeking either a setting aside of the conviction or a deeming of the sentence as served. The court, after examining custody certificates confirming the completion of the sentence, held that no substantive issue remained for adjudication and that a detailed evidentiary review would serve no useful purpose. Accordingly, the court upheld the trial‑court’s conviction and sentence and dismissed the appeal. The order also directed the jail authorities to submit a compliance report.

Issues considered

Whether an appeal can be entertained and a conviction set aside when the appellant has already served the entire sentence, including default, and does not wish to press the appeal on merits.

Legislation cited

Narcotic Drugs and Psychotropic Substances Act — s. 20(II)(C), 8

Subjects

NDPS Act
conviction
criminal appeal
sentence served
default sentence
upholding conviction
appeal dismissed

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL APPEAL No. - 3679 of 2018

Doli
.....Appellant(s)
Versus
State of U.P.
.....Respondent(s)

Counsel for Appellant(s) : Awadhesh Kumar Yadav, Surendra
Mohan Mishra
Counsel for Respondent(s) : G.A.

Court No. - 93
HON'BLE MRS. VANI RANJAN AGRAWAL, J.

1. Affidavit of compliance filed by learned A.G.A. is taken on record.

2. Heard Sri Abhishek Yadav, learned counsel holding brief of Sri
Awadhesh Kumar Yadav, learned counsel for the appellant and Sri Jai
Prakash Tripathi, learned Additional Government Advocate appearing on
behalf of the State.

3. This Criminal Appeal has been filed against the judgement and order
dated May 14, 2018 passed by Additional District & Session Judge/F.T.C.-II
Siddharth Nagar in Special Sessions Trial No.41 of 2014 (State Vs. Doli)
arising out of Case Crime No.1006 of 2014, under Sections 8/20 N.D.P.S.
Act P.S.Shohratgarh, District Sidharth Nagar whereby the appellant has been
convicted for the offence under Section 20(II)(C) of the N.D.P.S. Act and
sentence of ten years rigorous imprisonment with a fine of Rs.1,00,000/-
with default stipulations.

4. The appeal has been filed, challenging the conviction and sentence of
appellant on various grounds including earliest infirmities in appreciation of
evidence of failure to consider certain material contradiction in the testimony
of witnesses.

5. During the pendency of this appeal, it is brought to the notice of this Court
CRLA No. 3679 of 2018
2

that the appellant has already undergone the entire period of sentence
imposed by the trial court.

6. Learned counsel for appellant does not wish to press the appeal on merits
as the appellant has already completed his entire sentence including the
default sentence and prays that conviction may be set aside or in the
alternative, the sentence may be deemed to have been undergone.

7. Learned Additional Government Advocate for the State respondent on the
strength of custody certificate dated December 12, 2025 filed alongwith
affidavit of compliance submits that appellant after completing his entire
sentence including the default sentence, has already been released from jail
on July 1, 2025.

8. I have perused the record and considered the submissions of both parties,
the appeal has been pending for a long time and as per the custody report
dated December 10, 2025 from the concerned jail authority, the appellant
has served all the imprisonment imposed by learned trial court and has been
released from as is evident from the custody certificate dated December 10,
2025.

9. In the aforesaid circumstances of the case where the entire sentence has
already undergone and considering the nature of offence and the fact the
appellant has already served out his entire sentence including the default
sentence, no useful purpose would be served by entering into a detailed
examination of evidence at this stage.

10. Since the appellant has already undergone the full period of sentence
including the default sentence pursuant to order passed by the learned trial
Court, therefore, nothing further survives in this appeal for adjudication as
the learned counsel for the appellant does not wish press on the merits of the
appeal. Accordingly, the conviction and sentence as awarded by the trial
Court is hereby upheld.
CRLA No. 3679 of 2018
3

11. The appeal is dismissed.

12. Let a copy of this order be communicated to the jail authorities
concerned through Registrar (Compliance) of this Court.

13. A copy of this judgment alongwith the trial court record be transmitted to
the Court concerned for necessary compliance. Compliance report be
submitted to this Court, at the earliest. Office is directed to keep the
compliance report on record.

May 8, 2026
Dev
(Mrs. Vani Ranjan Agrawal,J.)

Digitally signed by :-
DEV PRAKASH
High Court of Judicature at Allahabad

Continue reading with your account

Checking your session…