2008 (6) TMI 2 - SC - Customs

Court abates appeal due to delay in filing for substitution of legal heirs after appellant's death.

The High Court set aside the appellant's conviction under the Customs Act but upheld it under the Gold Act. After the appellant's death, a delay in filing ... Status of conviction and sentence proceedings in case of death of an accused – HC had uphold the conviction punishable under Section 85 of the Gold Act and sentenced to imprisonment for life. SC granted the leave and matter was listed for hearing at several dates. In the meantime the accused was died. Since the sentence of imprisonment became in-fructuous upon death of accused and appeal abate upon the death of the accused. Issues:Appeal challenging conviction under Customs Act and Gold Act, application for substitution of legal heirs after appellant's death, scope of Section 394 of the Code of Criminal Procedure, 1973, principles governing continuance of appeal after appellant's death, delay in filing application for substitution, abatement of appeal.Analysis:1. The appellant was convicted under the Customs Act and the Gold Act, with the High Court setting aside the conviction under the Customs Act but upholding it under the Gold Act. The appellant passed away, leading to a delay in filing an application for substitution of legal heirs. The Court granted time for filing necessary documents, but the application was filed nearly a year after the appellant's death, raising questions of abatement and delay.2. The Additional Solicitor General argued that Section 394 of the Code does not apply to Supreme Court appeals, and the statutory time limit of 30 days for such applications was significantly exceeded in this case. The delay of nearly a year without a valid explanation was deemed unacceptable, leading to the conclusion that there was no scope for condonation of delay beyond the prescribed period.3. Citing precedents such as State of A.P. v. S. Narasimha Kumar and S.V. Kameswar Rao v. State, the Court discussed the principles governing the continuation of appeals after an appellant's death. The decision highlighted that appeals against fines could be continued by legal representatives, but appeals against imprisonment might abate. The Court emphasized the importance of timely application by legal heirs to continue the appeal within the prescribed period.4. Referring to Harnam Singh v. The State of Himachal Pradesh, the Court reiterated the need for uniformity in applying rules regarding abatement of appeals. The case law emphasized that the interests of legal representatives in continuing appeals were directly linked to the impact of the sentence on the deceased appellant's property, especially in cases involving fines.5. Despite multiple adjournments and claims of lack of awareness by legal heirs, the Court found the delay in filing the application for substitution unjustified. Ultimately, the Court held that the appeal had abated due to the appellant's death and disposed of the matter accordingly, emphasizing the importance of adherence to statutory timelines and procedural requirements in such cases.