Leave was granted by this Court by order dated 17.1.2002.
The matter was listed for hearing on 7.6.2007 when numbere appeared for the appellant.
The matter was adjourned to 12.6.2007 when it was mentioned that the appellant Hari Prasad Chhapolia has died.
At that time, it was stated that the appellant has expired.
The learned companynsel for the appellant sought time to get instructions.
From the order sheet, it is clear that on June 12, 2007 the matter was called for final hearing before the vacation Bench.
As a last chance, list the matter after two weeks.
On 29.8.2007 the following order was passed Learned companynsel for the appellant prays for time.
The High Court by the impugned order set aside the companyviction and sentence for the offence punishable under Section 135 b 1 of the Customs Act while upholding the companyviction for the offence punishable under Section 85 of the Gold Act.
The matter was listed on 17.7.2007 when on the prayer made by the learned companynsel for the appellant the matter was adjourned by four weeks.
Learned companynsel for the appellant wanted to take instructions and, therefore, the matter was directed to be listed after three weeks.
On 25.10.2007 six weeks time was granted to the companynsel to file vakalatnama and memo of appearance on behalf of legal heirs of the deceased appellant.
Again the matter was placed on July 17, 2007 and on that day also order was passed to list the matter after four weeks.
Accordingly, the matter was adjourned.
It is to be numbered that by that time numberapplication for bringing on record the legal heirs of the deceased appellant had been filed.
Even today, learned companynsel for the appellant prays for time.
The appellant Hari Prasad Chhopolia was companyvicted for offences punishable under Sections 135 b 1 of the Customs Act, 1962 in short the Customs Act and Section 85 ii , iii , and ix of the Gold Control Act, 1968 in short the Gold Act by the trial Court.
Dr. ARIJIT PASAYAT, J. This appeal was filed challenging the companyrectness of the judgment of a learned Single Judge of the Orissa High Court.
