ASHOK KUMAR CHOUDHARY Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the respondent.

(2.) PETITIONER is presently serving out sentence of ten years rigorous imprisonment awarded to him under judgment and order dated 20.8.1997 passed by Sessions Judge, Rohtas at Sasaram in N.C.B. Case No. 4. of 1993 for offence under Section 21 of the N.D.P.S. Act.

(3.) BEFORE the Court of District and Sessions Judge, Rohtas at Sasaram, as appears from order dated 4.11.2004 the petitioner made a prayer that he be released from jail custody because according to calculation of the petitioner on account of commutation or remission etc. he had served the sentence of ten years R.I. and he was ready to deposit the fine of Rs. One lac. Learned District and Sessions Judge made his own calculations of the period petitioner has spent in custody and found that he had not completed the period of ten years R.I. In respect of fine of Rs. One lac the Sessions Judge refused to issue any fresh order because petitioner already had the liberty to pay the fine of Rs. One lac or in default to undergo further R.I. for two years. The Sessions Judge further held that the petitioner had defaulted in making payment of fine.