ANIL KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal arises out of the order dated 12.07.2016 passed by the High Court of Punjab and Haryana at Chandigarh in CRM No.19868 of 2016 in CRR No.308 of 2016, whereby the application filed by the appellant seeking direction to treat sentence imposed on him in Complaint No.638 dated 24.08.2009 and that in FIR No.37 dated 19.04.2009 to run concurrently, was declined.

(2.) Brief facts are as follows. By judgment dated 23.07.2014 in FIR No.37 dated 19.04.2009 PS Longowal, the appellant was convicted under Sec. 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) and sentenced to undergo rigorous imprisonment for ten years and pay fine of rupee one lakh and in default to undergo imprisonment for two years. By the judgment dated 25.08.2014, in the Complaint No.638 dated 24.08.2009, the appellant was convicted under Sec. 27(b)(ii) and Sec. 28 of the Drugs and Cosmetics Act, 1940 and was sentenced to undergo rigorous imprisonment for one year and pay fine of Rs. 5,000.00(rupees five thousand). The appellant preferred appeal against the said conviction and the same was dismissed by the Appellate Court. The revision preferred by the appellant before the High Court was also dismissed by the judgment dated 24.05.2016 in CRR No.308 of 2016. The appellant filed miscellaneous application, CRM No.19868 of 2016 seeking clarification of the order dated 24.05.2016 and further direction to treat the sentences of the appellant as concurrent in terms of Sec. 427 (1) and (2) Crimial P.C. The said application was dismissed by the High Court by the impugned order.

(3.) We have heard the learned counsel appearing for the parties.