RADHEY SHYAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner was convicted by the Court of learned Additional Sessions Judge, Karnal, for an offence under Section 18 of the NDPS Act (vide judgment and order dated 13.9.1999-Annexure P/1) and was sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. one lakh. It was further ordered that in default of payment of fine, the accused shall undergo further rigorous imprisonment for a period of one year.

(2.) THE petitioner-accused filed an appeal (Crl. Appeal No. 983-SB of 1999 which was dismissed by this Court vide order dated 10.10.2002-Annexure P/2) in all other respects except qua the sentence awarded to the petitioner in default of payment of fine that period of sentence was reduced from one year to six months.

(3.) THE learned Additional Sessions Judge, Karnal initiated proceedings to recover the fine of Rs. one lakh. Annexure P-4 is the copy of order dated 8.10.2005 passed by the Additional Sessions Judge, Karnal in that behalf. In pursuance thereof, certain properties belong to the petitioner came to be attacked and those are proposed to be auctioned for realization of the amount of fine.