JAGDISH Vs. STATE OF M P

JUDGEMENT

(1.) THIS is a petition U/s 427 read with Section 482 Cr. P. C. wherein the prayer is that the conviction of the petitioner in Special Case No. 9/97 dated 02/04/95 and in Special Case No. 16/97 dated 09/12/97 which were confirmed by this Court in Cr. A. Nos. 493/97 and 176/98 vide judgment dated 15/03/04 whereby the petitioner was convicted U/s 8/18 of NDPS Act and sentenced for 10 years ri and fine of Rs, 1,00,000/- in each, be ordered to run concurrently, the present petition has been filed.

(2.) LEARNED counsel for petitioner argued at length and submits that the petitioner is in jail w. e. f. 23/01/97 and has completed the jail sentence of more than 12 years. It is submitted that another case which was registered against the petitioner is dated 25/01/97 while petitioner was in custody w. e. f. 23/01/97. Learned counsel further submits that both the cases are one because during investigation of case it was disclosed that contraband articles has been hidden by the petitioner and upon information the articles were recovered. It is prayed that the petition filed by the petitioner be allowed.

(3.) LEARNED counsel for respondent submits that the petition itself is not maintainable as the petitioner did not make the prayer before the learned Trial court at the time of judgment or also before this Court during the course of hearing of appeal. Learned counsel placed reliance on a decision in the matter of MR. Kudva Vs. State of Andhra Pradesh, Reported in 2007 (1) Crimes 50. It is submitted that the petition is devoid of substance, hence be dismissed.