SWARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Swaran Singh in the present appeal has challenged his conviction and sentence recorded by the Judge, Special Court, Jalandhar on 5th December, 2001. The trial Judge found the appellant guilty of offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as, 'the Act') and sentenced him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1.00 lakh, in default of payment of fine to further undergo rigorous imprisonment for two years. It is reported that the appellant had completed the entire sentence in this case but is detained in another case bearing FIR No.122 dated 20.04.2003.

(2.) Counsel for the appellant has contended that even though the appellant has undergone the entire sentence but he will contest the case on merits, as the appellant after registration of the present case, was falsely implicated in another case also. Qua the second FIR, the appellant had filed Criminal Appeal No.360-SB of 2007, which has been ordered to be heard along with the present appeal, as in that appeal, the appellant has filed an application under Section 482 Cr.P.C. praying that the sentence awarded upon him in both the cases be ordered to run concurrently. Criminal Appeal No.360-SB of 2007 shall be decided separately.

(3.) In the present case, sentence awarded to the appellant came to an end on 21st June, 2009, but in the second case the benefit of sentence undergone by the appellant in this case from 5th November, 2006 to 22nd June, 2009 has not been extended by the jail authorities.