RAJESHWAR MAHATOversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD

                 CRIMINAL APPEAL No. - 3846 of 2017

Rajeshwar Mahato
                                                               .....Appellant(s)
                                    Versus
State of U.P.
                                                             .....Respondent(s)

Counsel for Appellant(s)         : Anant Prakash Mishra, Parmeshwar Kr.
                                   Chaudhary, Seema Pandey (Ac)
Counsel for Respondent(s)        : Ashish Pandey, G.A., Sanjay Kr Singh

Court No. - 93
            HON'BLE MRS. VANI RANJAN AGRAWAL, J.
1. Heard Ms. Seema Pandey, learned Amicus Curiae, appearing on behalf of
the appellant; Sri Abhishek Srivastava, learned counsel holding brief of Sri
Ashish Pandey, learned counsel for the Narcotics Control Bureau and Sri
Rahul Asthana, learned Additional Government Advocate appearing on
behalf of the State.

2. This Criminal Appeal has been filed against the judgement and order
dated May 16, 2017 passed by learned Additional Session Judge, Court
No.2, Varanasi in Special Criminal Case No.09 of 2014 (State Vs.
Rajeshwar Mahato), arising out of Case Crime No. N.C.B. 14 of 2013, under
Sections 8/20 N.D.P.S. Act, P.S. N.C.B. Varanasi, District Varanasi,
whereby the appellant has been convicted and sentenced under Section
8Ga/20(Kha) (Sa) of N.D.P.S. Act for a period of ten years imprisonment
alongwith a fine of Rs.1.25 lakh and in case of default in payment of fine the
appellant shall undergo one year additional rigorous imprisonment.

3. 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.

4. Learned Amicus Curiae referring to the report of the Senior
Superintendent, Central Jail, Varanasi dated August 26, 2024 (a copy of said
report is available on record) submits that as per the said report the appellant
has completed all the sentence as awarded by the learned trial Court as on
October 22, 2023 and since the appellant has defaulted in payment of fine,
therefore, the appellant serving out his default sentence of one year from
October 22, 2023 which period comes to an end on October 22, 2024, and
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thus, the appellant has completed all the awarded sentence and default
sentence by October 22, 2024. Learned Amicus Curiae submits that she does
not wish to press the appeal on merits as the appellant has already completed
his entire sentence and has also completed his default sentence and prays
that conviction may be set aside or in the alternative, the sentence may be
deemed to have been undergone.

5. Learned counsel for the Narcotics Control Bureau and learned Additional
Government Advocate for the State respondent on the strength of custody
certificate submits that appellant has completed all sentence awarded to him
by the learned trial Court.

6. I have perused the record and considered the submissions of the parties,
the appeal has been pending for a long time and as per the custody report
dated August 26, 2024 from the concerned jail authority, the appellant has
served out all the imprisonment imposed by learned trial Court as is evident
from the letter dated August 26, 2024.

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

8. Since the appellant has already undergone the full period of sentence as
well as the default sentence pursuant to order passed by the trial Court,
therefore, nothing further survives in this appeal for adjudication as the
learned Amicus Curiae does not wish press on the merits of the appeal.

9. Moreover, a conspectus of the materials available in this case would pave
way to conclude that the charges under which the accused have been
convicted and sentenced by the trial Court have been established by the
prosecution beyond reasonable doubt. This Court does not find any infirmity
either legally or factually in the judgment challenged before this Court. The
ingredients of the provisions of law under which the accused have been
charged have been proved. The conviction and sentence recorded by the trial
Court need not be disturbed. The judgment challenged before this Court
deserves to be confirmed and accordingly, it is confirmed. This appeal has to
suffer dismissal.

10. The appeal is dismissed.

11. The Senior Superintendent, Central Jail, Varanasi is directed to release
the appellant on competition of sentence, if not already, released.
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                                    12. Ms. Seema Pandey, learned Amicus Curiae appearing on behalf of the
                                    appellant has rendered her valuable assistance to the Court. She be paid
                                    Rs.10,000/-, towards her fee for the able assistance provided by her in
                                    hearing of the present appeal.

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

                                    14. 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.

                                    March 12, 2026
                                    Dev
                                                                                (Mrs. Vani Ranjan Agrawal,J.)




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