IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 9TH MAY 2008 / 19TH VAISAKHA 1930 Crl.M.C.1834 OF 2008 --------------------------------- Crl.M.P.298/08 in SC 131/2003 on the file of the Special Judge (NDPS Act Cases), Vadakara PETITIONER: ACCUSED --------------------- V.BICHATHU, W/O.LATE KUNHIKOYA BANGLADESH COLONY, HOUSE NO.1/2711, WEST HILL, KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT --------------------------- 1. SUB INSPECTOR OF POLICE, NADAKAVU POLICE STATION. 2. STATE REP; BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- Crl.M.C.NO.1834 of 2008 ----------------------------------------- Dated this the 9th May, 2008 O R D E R Heard both sides. 2. petitioner filed a petition to return the amount of Rs.25,000/- deposited as a condition for suspending the sentence while admitting the appeal filed against the conviction and sentence passed under Section 21(b) of the NDPS Act. Admittedly, the petitioner was convicted by the trial court and sentenced to pay a fine of Rs.50,000/- and also rigorous imprisonment for a term of five years. The sentence was suspended by the appellate court on condition that he shall deposit one-half of the fine amount. Accordingly, he deposited Rs.25,000/-. 3. In appeal, the sentence was modified to rigorous imprisonment for a term of three months and to pay a fine of Rs.7,000/-. It is submitted that the petitioner has undergone three months imprisonment. He has also deposited Rs.7,000/- towards fine in addition to Rs.25,000/- which was deposited for suspending the sentence. But the petition to return Rs.25,000/- was rejected by the trial court and hence this petition. CRL.M.C.NO.1834/08 2 4. I am satisfied that the petitioner is entitled to get the amount of Rs.25,000/- returned to him if the fine of Rs.7,000/- is deposited by him. The trial court is directed to return Rs.25,000/- accordingly. Crl.M.C is allowed. K.HEMA, JUDGE vgs.