Crl. Misc. No.M-31385 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-31385 of 2009 Date of Decision: July 14, 2010 Sadeeq Hussain …..Petitioner Vs. State of Haryana and others …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.Krishan Singh, Advocate for the petitioner. Mr.S.S. Mann, Sr. DAG, Haryana. -.- M.M.S. BEDI, J. (ORAL) The petitioner challenges the warrant of recovery of fine issued by Additional Sessions Judge, Sirsa, vide order dated August 31, 2009. Counsel for the petitioner submits that the petitioner is under- going sentence of imprisonment pursuant to the conviction order passed against him under Section 18 of the NDPS Act. He claims that he is required to pay a fine of Rs.1 lac and on his failure, to undergo further imprisonment for a period of two years as awarded by the convicting Court. Crl. Misc. No.M-31385 of 2009 [2] The recovery proceedings are stated to be premature. Reliance has been placed on Bhargavan Pillai Vs. State of Kerala and others, 2000 (2) RCR (Crl.) 59, laying down that the recovery of fine imposed in a criminal case would be premature until the accused has not undergone whole of such imprisonment for default of fine. I endorse the view of Kerala High Court in Bhargavan Pillai’s case (supra) laying down that when an accused gave an option to undergo imprisonment in default of payment of fine, in that circumstance, the realization of the fine arises only if the accused has not undergone the whole of such imprisonment in default. In view of above circumstances the petition is allowed and recovery of fine of Rs.1 lac vide order dated August 31, 2009 is hereby set aside. July 14, 2010 (M.M.S.BEDI) sanjay JUDGE