In the High Court of Punjab and Haryana at Chandigarh CWP No. 4828 of 2008 Date of decision: 26.3.2008 Mukhtiar Singh ......Petitioner Versus State of Punjab and others .......Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MRS. JUSTICE SABINA Present: Ms.BPK Brar, Advocate, for the petitioner. **** JUDGMENT SURYA KANT, J. Through this civil writ petition, the petitioner prays for issuance of a writ in the nature of Mandamus to direct the respondents to refund the amount of Rs.1,00,000/- paid on his behalf towards the fine imposed upon him by the learned Special Judge in a case under the N.D.P.S. Act. From the scant material available on record including the memo dated 24.12.2007 (Annexure P-2/T), it appears to us that the conviction of the petitioner has already been upheld by this Court, however, Special Leave Petition preferred by him is pending consideration before Hon'ble the Supreme Court. CWP No. 4828 of 2008 -2- In these circumstances, we are of the considered view that unless the petitioner earns acquittal and/or an order varying/ modifying the fine imposed upon him is passed, no case to seek refund thereof is made out. Dismissed. (SURYA KANT) JUDGE (SABINA) March 26, 2008 JUDGE anita