Criminal Misc. No. 30716-M OF 2010(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. 30716-M OF 2010(O&M) Date of decision:31st January, 2011 Sukhdev Singh .......Petitioner Versus State of Haryana and others ........Respondents BEFORE: HON'BLE MS. JUSTICE NIRMALJIT KAUR Present: Mr. Krishan Singh, Advocate, for the petitioner. Mr. Sidharth Sarup, DAG, Haryana, for the respondent-State. 1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 2. To be referred to the Reporters or not?Yes/No 3. Whether the judgment should be reported in the Digest? Yes/No Nirmaljit Kaur, J.(Oral) The present petition has been filed under Section 482 Cr.P.C. for quashing the impugned order dated 24.04.2010 passed by Learned Additional District Judge, Sirsa, whereby the warrant of recovery of fine has been issued by Additional Sessions Judge, Sirsa Criminal Misc. No. 30716-M OF 2010(O&M) 2 authorising the concerned Collector to recover the amount of fine of Rs. One Lac as arrears of land Revenue by auctioning the agriculture land of the petitioner. An F.I.R. No. 48 dated 2.02.1994 under Section 15/16/61/85 of the NDPS Act was registered against the petitioner in the Police Station Sadar Dabwali. The learned Addl. Sessions Judge, Sirsa convicted the petitioner for the offence under Section 15 of the NDPS Act vide its judgment of conviction dated 04.07.1998 and awarded the sentenced to undergo rigorous imprisonment for period of ten years and to pay a fine of Rs. 1,00,000/-. In case of non payment of fine, the petitioner shall further undergo simple imprisonment for period of another two years vide its order of sentence dated 06.07.1998. A copy of order of sentence dated 06.07.1998 passed by Ld. Addl. Sessions Judge, Sirsa, is attached as Annexure P-1. Aggrieved by the judgment of conviction dated 04.07.1998 and order of sentence dated 06.07.1998 passed by the learned Addl. Sessions Judge, Sirsa the petitioner filed Crl. Appeal No. 802-SB of 1998 in this Hon'ble Court and the same was dismissed by this Hon'ble Court on 27.03.2008. Aggrieved by the judgment dated 27.03.2008 passed by this Hon'ble Court the petitioner filed an appeal in the Hon'ble Supreme Court of India and the same is pending for final adjudication. After the dismissal of the appeal, the petitioner surrendered in District Jail, Sirsa to undergo remaining part of his Criminal Misc. No. 30716-M OF 2010(O&M) 3 sentence and presently the petitioner is confined in District Jail, Sirsa and undergoing remaining part of his sentence. It is stated that meanwhile, the learned Addl. Sessions Judge, Sirsa issued a warrant of recovery of fine to the Collector, Sirsa authorizing him to recover the amount of fine as arrears of land revenue by auctioning the agriculture land of the petitioner. It is further stated that the petitioner has yet to undergo the remaining part of his sentence and further sentence of two years in default of payment of fine. He has to undergo simple imprisonment for a period of two years. In said circumstances, fine will not be required to be paid. In an another similar case, this Court vide order dated 14.07.2011 passed in Crl.Misc. No. 31385-M of 2009, set aside the order of recovery of fine being premature by relying on the judgment rendered in the case of Bhargavan Pillai vs State of Kerala and others 2000 (2) RCR (Crl.) 59 wherein it was held that recovery of fine imposed in a criminal case would be premature till the time the accused has not undergone whole of such imprisonment for default of fine. Reply has been filed. In reply, it is specifically stated that when the said convict/petitioner will complete his sentence he will be asked to pay a fine of Rs. 1,00,000/- or to undergo sentence, in default of payment of fine whereas the convict/petitioner has not completed the sentence as awarded by the trial court. Criminal Misc. No. 30716-M OF 2010(O&M) 4 In view of the above, the order directing the recovery of fine is premature. As such, the order dated 24.04.2010 is set aside. This petition is allowed in the above terms. [NIRMALJIT KAUR] JUDGE 31st January, 2011 Shivani Kaushik