9911796707
TMI Blog2018 (4) TMI 1544X X X X Extracts X X X X X X X X Extracts X X X X ..... nt. ORDER This is a petition filed under Section 427 of the Cr.P.C. in which the petitioner, who has been convicted in two separate criminal trials has prayed for running of the sentences awarded to him in those cases concurrently. He was first convicted in Criminal Complaint No. 44/2 of 28-1-1992 under Section 135 of the Customs Act, 1962 by the Court of the ld. Chief Judicial Magistrate, Amrit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 21/23/28/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act'). The petitioner was convicted by the Court of ld. Special Judge, Gurdaspur on 7-1-2005 and was sentenced to undergo rigorous imprisonment for ten years apart from imposition of a fine of Rs. 1,00,000/- along with co-convict Dilbagh Singh. The appeal preferred against such judgment of conviction wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llenged the orders of this Court declining his prayer for concurrent running of sentences by observing inter alia : - "8. In the present case, the appellant was earlier convicted under Section 22 of NDPS Act and subsequently convicted under Section 27 (b)(ii) and Section 28 of the Drugs and Cosmetics Act, 1940. Considering the nature of the offences for which the appellant was co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m in the first as well as the second complaint cases. 7. The prayer is, therefore, allowed and the sentence awarded to the petitioner in connection with Criminal Complaint No. 44/2 of 28-1-1992 under Section 135 of the Customs Act, 1962 for which he is currently undergoing imprisonment shall be treated to have been operative from the date of his conviction. He may, accordingly, be released a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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