THE HONOURABLE SRI JUSTICE RAJA ELANGO CRL.A.M.P.No.1863 OF 2013 IN CRIMINAL APPEAL No.1177 OF 2004 ORDER: This miscellaneous petition is filed seeking to direct the trial Court to return a sum of Rs.1,00,000/- (Rupees one lakh only) paid as fine by the petitioners for the conviction and sentence recorded by the trial Court for an offence under Section 22-A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act, for brevity). The brief facts are as follows:- The petitioners were tried for an offence under Section 22-A of the NDPS Act and the trial Court convicted the petitioners for the said offence and convicted and sentenced to undergo imprisonment for a period of ten years and also to pay a fine of Rs.1,00,000/- (Rupees one lakh only) each. The petitioners preferred Criminal Appeal being Criminal Appeal No.1177 of 2004 before this Court and the same is partly allowed by Judgment dated 16.12.2011. The operative portion of the said Judgment, which is relevant, is as follows. In the result, the Appeal is partly allowed and the conviction and sentence passed against A2 to A4 under Section 22(a) of the NDPS Act are set aside and the conviction and sentence passed against A1 is confirmed, but the sentence is modified to that of rigorous imprisonment for six months and to pay fine of Rs.10,000/- (Rupees ten thousand only), in default to undergo simple imprisonment for three months. Learned counsel for the petitioners submits that in pursuance of the Judgment, dated 16.12.2011, the petitioner No.1 has paid a sum of Rs.10,000/- (Rupees ten thousand only) as directed by this Court and also he served the sentence of six months imposed by this Court. As it is not directed the trial Court to return the fine amounts paid by the petitioners, the trial Court refused to return the fine amount of Rs.1,00,000/- (Rupees one lakh only) paid by each of the petitioners. This Court now clarifies the Judgment, dated 16.12.2011, passed in Criminal Appeal No.1177 of 2004, by this Court, as follows: (a) The accused Nos.2 to 4 are entitled for refund of the fine amounts already paid by them in view of the Judgment of Acquittal recorded by this Court; (b) As far as petitioner No.1/ A.1 is concerned, he is also entitled for refund of Rs.1,00,000/- (Rupees one lakh only), which is already paid by him since he has paid a separate sum of Rs.10,000/- (Rupees ten thousand only) as fine as per the direction of this Court. In this context, the petitioners are directed to file an application before the Court concerned for refund of the fine amounts, which were already paid by them, and the trial Court is directed to refund the said amounts to the petitioners. Accordingly, the miscellaneous petition is ordered. _____________________ JUSTICE RAJA ELANGO 03.12.2013 pln