RAJU TIWARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The short question that arises for consideration would be whether learned Special Judge NDPS is justified in holding that fine imposed on the applicant must be realized notwithstanding the fact that the applicant has undergone the sentence awarded against him in default of payment of fine?

(2.) The applicant was convicted in Special Case No.4/2008 by the Special Judge NDPS Act, Durg, for offence under Section 20 (b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and sentenced to undergo R.I. for five years and also sentenced to fine of Rs.50,000/-, and in default, to further undergo R.I. for one year by the judgment of conviction and order of sentence dated 25-3-2009.

(3.) The applicant was arrested on 12-1-2008 in that case and he completed the substantive jail sentence so awarded of five years on 11-1-2013 and thereafter, he remained in jail against the default in payment of fine sentence from 10-12-2013 for a period of one year and he completed that sentence also on 10-12-2014, as such, he completed the jail sentence as well as the default jail sentence of one year for non-payment of fine. Aforesaid fact is duly verified by the Superintendent, Central Jail, Durg by its memo dated 3-10-2015 which has been placed on record.