TaxTMI 
TaxTMI 
2008 (6) TMI 2
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....entence for the offence punishable under Section 135(b)(1) of the Customs Act while upholding the conviction for the offence punishable under Section 85 of the Gold Act. Leave was granted by this Court by order dated 17.1.2002. The matter was listed for hearing on 7.6.2007 when none appeared for the appellant. The matter was adjourned to 12.6.2007 when it was mentioned that the appellant-Hari Prasad Chhapolia has died. Learned counsel for the appellant wanted to take instructions and, therefore, the matter was directed to be listed after three weeks. The matter was listed on 17.7.2007 when on the prayer made by the learned counsel for the appellant the matter was adjourned by four weeks. On 29.8.2007 the following order was pass....
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....aring and filing the application for substitution. The moment they knew about this requirement they contacted their counsel and application has been filed on 4.1.2008. 3. Learned Additional Solicitor General appearing for the respondent submitted that there is no scope for accepting the application. Section 394 of the Code of Criminal Procedure, 1973 (in short the 'Code') has no application to an appeal before the Supreme Court. In any event, time statutorily prescribed is 30 days. In the instant case, application has been filed nearly after one year of the death of the appellant- Hari Prasad Chhapolia. Therein also no explanation has been offered as to why the application was filed after such a long time. Accordingly, he sub....
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....ose of continuance. (3) The principle on which the hearing of a proceeding may be continued after the death of an accused would appear to be the effect of the sentence on his property in the hands of his legal representatives. If the sentence affects that property, the legal representatives can be said to be interested in the proceeding and allowed to continue it. (4) But where the sentence is not one of fine but of imprisonment, which on the death of the accused becomes infructuous, the sentence does not affect the property of the deceased-accused in the hands of his legal representatives, and therefore, the appeal, in such a case, would abate, upon the death of the accused. (5) In fact that the accused was a gov....
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....e deceased within the term of the explanation to the proviso has approached this Court within 30 days for leave to continue the appeal. This present application is filed nearly after a period of 10 years. No explanation is given in this application for not approaching the court within that prescribed period and no sufficient cause is shown for condonation of such undue and inordinate delay of 10 years. A decision of this Court in P.S.R. Sadhanantham v. Arunachalam is relied on in the petition wherein it has been held thus: (SCC p. 145, para 7) "Article 136 is a special jurisdiction. It is residuary power; it is extraordinary in its amplitude, its limit, when it chases injustice, is the sky itself." 6. In Harnam Singh....
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.... under Section 302 of the Penal Code and was sentenced to imprisonment for life. He filed an appeal in this Court by special leave but died during the pendency of the appeal. His sons and daughter applied for substitution as his legal representatives contending that the conviction of their father had resulted in his removal from Government service and if the conviction were set aside the estate will be able to claim the arrears of salary from the date of conviction till the date of his death. This Court declined to permit the legal representatives to continue the appeal on the ground that the claim on the strength of which they sought permission to continue the appeal was too remote. This decision is distinguishable as the appeal was not....