SWARAN SINGH Vs. STATE OF HARYANA AND ANR

JUDGEMENT

(1.) The present petition has been filed under Section 482 of the Code of Criminal Procedure praying for quashing of the order dated 15.4.2004 (Annexure P2) whereby warrants of recovery have been issued by the Special Court, Karnal.

(2.) The brief facts necessary for the adjudication of the present case are that the petitioner was convicted to undergo rigorous imprisonment for ten years and fine to the tune of rupees one lakh under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "1985 Act"). In default of payment of fine, the petitioner was further directed to undergo rigorous imprisonment for three years by the trial Court.

(3.) Aggrieved against the order of the trial Court, the petitioner had filed an appeal before this Court which was dismissed on 29.10.2003. Subsequent, to the dismissal of the appeal the impugned order was passed by the Special Court, Karnal, whereby warrants of recovery have been issued so as to recover the amount of fine imposed on the present petitioner. In pursuance of the impugned order, respondent No. 3 Tehsildar Mazaffar Nagar, U.P. has issued notice of Sale Proclamation to auction the agricultural land of the petitioner. The copy of the notice has been annexed with the present petition as Annexure P3. This has prompted the petitioner to invoke the inherent jurisdiction of this Court praying for the quashing of the impugned order on the ground that his land may not be sold as he is willing to undergo the sentence imposed in default of payment of fine. It has been averred by the petitioner that he is a poor man having four children, out of which three daughters are of marriageable age. It has been further stated that the agricultural land is the only source of income for the entire family and would cause immense hardship to the petitioner and his family, in case the same is auctioned for the recovery of the fine.