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Kunjukutty @ Devasia Devasia v. State of Kerala

Kerala HC8 Oct 2012Crl.MC/3016/2012

Case brief

AI extract

What is this about?

Petitioner, convicted under NDPS Act and sentenced with default imprisonment for unpaid fine, challenged the Special Judge's dismissal of his application for proportionate reduction of that term upon remitting part of the fine. The High Court held Section 69 of IPC entitled him to relief, set aside the lower order, and directed reconsideration.

What did the court decide?

The order of the Special Judge setting aside the petitioner's application was set aside; he was directed to reconsider the application afresh and pass appropriate orders.

Kunjukutty @ Devasia Devasia Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN

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MONDAY, THE 8TH DAY OF OCTOBER 2012/16TH ASWINA 1934

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Crl.MC.No. 3016 of 2012 ()

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CC.59/2001 OF SPECIAL COURT (NDPS ACT CASES), THODUPUZHA

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PETITIONER/ACCUSED :

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KUNJUKUTTY @ DEVASIA DEVASIA, AGED 55 YEARS S/O. DEVASIA, KOCHUPARAMBIL HOUSE, VALIYATHOVALA P.O IDUKKI DISTRICT.

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BY ADV. SRI. S. DILEEP (KALLAR)

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RESPONDENT/COMPLAINANT :

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, COCHIN - 3.

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BY PUBLIC PROSECUTOR SMT. R. REMA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08-10-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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...2/-

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Crl.MC.No. 3016 of 2012 ()

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APPENDIX

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PETITIONERS' EXHIBITS :

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ANNEXURE A1 TRUE COPY OF THE JUDGMENT DATED 22-03-2006 IN CRL APPEAL NO 769/2012 PASSED BY THIS HON'BLE COURT ANNEXUIRE A2 TRUE COPY OF THE ORDER DATED 10-8-2012 IN CRLM.P NO. 325/2012 PASSED BY THE SPECIAL JUDGE FOR NDPS CASES, THODUPUZHA.

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RESPONDENTS' EXHIBITS : NIL

//TRUE COPY//

P.S. TO JUDGE

S.S.SATHEESACHANDRAN, J.

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----------------------------------------------Crl.M.C No.3016 OF 2012

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------------------------------------------------------Dated this the 8^th day of October, 2012

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ORDER

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Petitioner is a convicted accused for some offences under the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, 'NDPS Act'. He was sentenced to undergo rigorous imprisonment for ten years and fine of Rs.1,00,000/- with default term of rigorous imprisonment for two years. He has already undergone the substantive term of imprisonment imposed and also a portion of the default term of imprisonment towards the fine amount ordered. He applied before the Special Judge to remit a portion of the fine to get proportionate reduction in the default term of imprisonment awarded for nonpayment of fine. The Special Judge has dismissed that application holding that there is no provision for granting proportionate reduction of fine on payment of a portion of fine. That order is challenged in this petition invoking Section 482 of the Code of Criminal Procedure, for short, 'the Code'.

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Crl.M.C No.3016/2012

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Going through the order passed by the learned Special Judge, it is seen, he has placed reliance on Section 421 of the Code to conclude that the application moved by the petitioner/accused for making a portion of the fine imposed to avoid default term of imprisonment at least to that extent is not entertainable. Section 421 of the Code has no application in considering the request made by the petitioner/accused. Even after undergoing the sentence imposed towards nonpayment of fine, still, the fine amount imposed can be realised on warrant issued, recording special reasons in writing by the court, when it considers necessary to do so, has no bearing over the question whether the accused person sentenced to suffer imprisonment in default of payment of fine could at least pay a portion of such fine to get reduction in the default term imposed. Section 69 of the Indian Penal Code makes it emphatically clear that to the extent the fine amount is remitted, the person who is directed to suffer imprisonment in default of payment of fine can legitimately, and, in fact, entitled to seek reduction of the proportionate part of the imprisonment. Illustration to Section 69 of the Indian Penal Code

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Crl.M.C No.3016/2012 3

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is more than sufficient to dispel doubt, if any, entertained over the application of the Section in a case as involved in the present case. Setting aside the order of the Special Judge, he is directed to consider the application afresh and pass appropriate orders thereof in accordance with law. If any portion of the fine amount is remitted by the petitioner/accused, needless to point out, intimation shall be sent to the jail to enable him to have proportionate reduction of imprisonment awarded as default term towards nonpayment of fine.

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Petition disposed of.

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S.S.SATHEESACHANDRAN, JUDGE

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vdv

Kunjukutty @ Devasia Devasia v. State of Kerala

Case brief

What is this about?

What did the court decide?

Kunjukutty @ Devasia Devasia v. State of Kerala

Case brief

What is this about?

What did the court decide?

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