Law: Criminal Procedure Code (V of 1898)

Section: S. 386 (1) (b) & (3)

   Criminal Procedure Code (V of 1898), S. 386 (1) (b) & (3)- Fine-Levy of-Court awarding sentence may issue warrant authorising Collector to realise fine in accordance with civil process-District Magistrate not, competent to issue such warrant.   Criminal Procedure Code (V of 1898), Ss. 561.A & 386 (I) (b)--District Magistrate passing order under S. 386 (1) (b) without specific authority from sentencing Court-Nat purely executive order-Whether can be interfered with under S. 561-A.   Kala Chandra Datta v. Emperor A I R 1946 Pat. 191 not applicable. JUDGMENT   This is a petition under section 561-A of the Code of Criminal Procedure praying that the order dated 30th August 1960 passed by Mr. A. S. Chowdhury, District Magistrate, Comiila in Miscel laneous Petition No. 74 of IS60 rejecting the prayer for postponing the recovery of fine and directing to issue distress warrant for realisation of fine may be set aside and further that the proceeding for realisation of fine tray be quashed for reasons stated in the petition.   Order dated 30th August 1960 is an order of the District Magistrate, Tippera and isin these terms:   "Seen the petition of the convict and perused the High Court judgment. The prayer for postponing the recovery of fine is rejected. Issue D/W for realisation of the fine, if not already done,   S. A. Chowdhury, D. M. (C)."   The background of this order as stated in the petition is as follows: -   The petitioner was convicted under section 409 of the Pakistan Penal Code by theSpecial Judge, Chittagong and sent enced to rigorous imprisonment for one-and-a-half years and also to pay a fine of Rs. 4,600, in default to suffer rigorous imprison ment for a further period of nine months.   The petitioner preferred Criminal Appeal No. 581 of 1959 to the High Court againstthe conviction and sentence and the same was dismissed by the High Court on 13th April 1960.   There was a petition to the Supreme Court against the dismissal, which was summarily dismissed.   The operative portion of the High Court's judgment is as under:   "The appeal, therefore, is…