CAITAN FERNANDES Vs. STATE OF GOA

JUDGEMENT

(1.) By this petition, the petitioner seeks refund of an amount of Rs. 36,113-32 from the respondents.

(2.) The petitioner was convicted by judgment and order dated 31-3-1994 by the Special Judge, N. D. P. S. Court, Mapusa, Goa in Special Criminal Case no. 19/1993 for having committed an offence punishable under section 20 (b) (ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo R. I. for 10 years and to pay a fine of Rs. 1,00,000/- and in default, to suffer S. I. for one year. The appeal preferred by the petitioner was dismissed by this Court on 21-12-1994. Special Leave Petition preferred before the Supreme Court was also dismissed on 5-8-1996.

(3.) On 27-1-2004, the petitioner had already undergone R. I. for 10 years, as well as the imprisonment for a period of four months and ten days in default of payment of fine. On the same day, the petitioner paid the entire fine amount of Rs. 1,00,000/- in the office of respondent No. 3.