Case Note & Summary
The petitioner, Caitan Fernandes, was convicted by the Special Judge, NDPS Court, Mapusa, Goa on 31.3.1994 in Special Criminal Case No.19/1993 for an offence punishable under Section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985. He was sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.1,00,000, and in default of payment of fine, to suffer simple imprisonment for one year. The appeal preferred by the petitioner before the High Court was dismissed on 21.12.1994, and the Special Leave Petition before the Supreme Court was also dismissed on 5.8.1996. On 27.1.2004, the petitioner had already undergone the substantive sentence of 10 years RI as well as imprisonment for a period of 4 months and 10 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, the Superintendent of Prisons, Central Jail, Aguada, Goa. The petitioner then filed the present writ petition seeking refund of an amount of Rs.36,113.32 from the respondents. The learned counsel for the petitioner submitted that the period of imprisonment undergone by the petitioner in default of payment of fine was 4 months and 10 days, and since the petitioner had already undergone the default sentence, he was not liable to pay the fine. The learned Advocate General appearing for the respondents fairly conceded that the petitioner was entitled to refund of the amount of Rs.36,113.32. The court, per Lavande J., held that since the petitioner had already undergone the default sentence, the liability to pay the fine ceased, and the fine paid thereafter was liable to be refunded. The court directed the respondents to refund the amount of Rs.36,113.32 to the petitioner within four weeks.
Headnote
A) Criminal Law - Refund of Fine - Default Sentence Already Served - Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii) - Petitioner convicted under NDPS Act and sentenced to 10 years RI and fine of Rs.1,00,000 with default sentence of 1 year SI. Petitioner underwent full substantive sentence and default sentence of 4 months 10 days. Thereafter, he paid the fine. Court held that once the default sentence is already undergone, the liability to pay fine ceases and the fine paid thereafter must be refunded. (Paras 1-5)
Issue of Consideration
Whether the petitioner is entitled to refund of the fine amount paid after having already undergone the default sentence for non-payment of fine.
Final Decision
The court directed the respondents to refund the amount of Rs.36,113.32 to the petitioner within four weeks.
Law Points
- Refund of fine after full sentence served
- Section 20(b)(ii) NDPS Act
- Default sentence already undergone
- No liability to pay fine after default sentence served
