1 2025:CGHC:43497-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 473 of 2025 Chandrabhan Yadav S/o Jagdhari Yadav Aged About 48 Years R/o Village -Khiridiha P.S. Kaptanganj, District- Azamgarh, Uttar Pradesh ... Petitioner(s) versus State of Chhattisgarh Through District- Revenue Officer (Collector) Ambikapur District- Sarguja (C.G.) ...Respondent(s) For Petitioner : Mr. Abhinav Dubey, Advocate. For Respondent/State : Mr. Sangharsh Pandey, Government Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 28.08.2025 1. Heard Mr. Abhinav Dubey, learned counsel for the petitioner. Also heard Mr. Sangharsh Pandey, learned Government Advocate, appearing for the State. 2. The present writ petition has been filed by the petitioner with the following prayers: BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.08.28 18:38:13 +0530 2 “10.1 Issue a writ of mandamus or any other appropriate writ/order/direction directing the learned Special Judge (NDPS) Sarguja, Ambikapur (C.G.) to expeditiously decide the pending application filed by the applicant preferably within a stipulated period of 30 days or in any time-bound manner which this Hon’ble Court may deem fit. Or Issue a writ or mandamus or any other appropriate writ/order/direction directing the learned Special Judge (NDPS) Sarguja, Ambikapur (C.G.) to direct the respondent to return the fine amount submitted by petitioner. 10.3 Pass any such further orders as may be deemed just and proper in the facts and circumstances of the present case, in the interest of justice.” 3. Learned counsel for the petitioner submits that the petitioner is a citizen of India and is entitled to enjoy all the fundamental rights enshrined under Part III of the Constitution of India. Therefore, the petitioner has approached this Court by way of the present writ petition seeking appropriate relief. 4. It is submitted by the learned counsel for the petitioner that the petitioner was prosecuted for an offence under Section 20(b)(ii)(C) of the NDPS Act, 1985, in Special Criminal Case No. 10 of 2015 before the learned Special Judge (NDPS), Sarguja, Ambikapur (C.G.). After trial, the learned Special Judge, by judgment dated 19.12.2018, convicted the petitioner and sentenced him to undergo rigorous imprisonment for 11 years and to pay a fine of Rs. 1,10,000/-, with a 3 further direction that in default of payment of fine, he shall undergo rigorous imprisonment for an additional 03 years. During the pendency of the trial, the petitioner remained in custody for a period of 03 years, 08 months, and 06 days. 5. It is further submitted by the learned counsel for the petitioner that in compliance with the said judgment, the petitioner deposited the fine amount of Rs. 1,10,000/- on 28.07.2021 vide receipt No. 66353 Sl. No. 78 (Annexure P/2). He also submits that the conviction was challenged by the petitioner in CRA No. 199 of 2019, and by judgment dated 21.07.2022, this Court allowed the appeal, set aside the judgment of conviction dated 19.12.2018, and acquitted the petitioner of the charge under Section 20(b)(ii)(C) of the NDPS Act, 1985. 6. Learned counsel further contended that after his acquittal, the petitioner filed an application dated 18.01.2024 (Annexure P/4) before the learned Special Judge (NDPS), Sarguja, Ambikapur (C.G.) seeking refund of the fine amount. The learned trial Court, after admitting the application, called upon the State to clarify whether any appeal had been filed against the judgment dated 21.07.2022. However, despite repeated opportunities, the State has neither filed any reply nor placed any material on record, and has instead sought multiple adjournments. It is also submitted that the petitioner, on his own, verified the case status on the official website of the Hon’ble Supreme Court of India and found that no appeal has been filed by the State against the judgment dated 21.07.2022. 4 7. Having considered the facts and circumstances of the case, and without expressing any opinion on the merits of the application filed by the petitioner, this writ petition is disposed off with a direction to the learned Special Judge (NDPS), Sarguja, Ambikapur (C.G.) to decide the petitioner’s application dated 18.01.2024 (Annexure P/4) seeking refund of fine amount of Rs. 1,10,000/-, in accordance with law, within a period of two months from the date of receipt of a copy of this order, if there is no legal impediment. Sd/- Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Brijmohan