DILAWAR SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C praying to exercise discretion under Section 427(1) Cr.P.C to run concurrent two consecutive sentences of imprisonment totalling 10 + 10 years passed in two convictions under same Section 15 of NDPS Act in two FIR Nos. 103 and 140 dated 05.09.1995 and 13.11.1998 by the same judge during the year 2008.

(2.) THE only argument raised by the learned Counsel for the Petitioner is that the inherent powers under Section 482 Cr.P.C of this Court is not in any way fettered by Section 427(1) Cr.P.C to make two consecutive sentences to run concurrently even if the conviction had become final.

(3.) IT is stated by the learned Counsel for the Petitioner that the said Criminal Miscellaneous was dismissed in urgent motion directing to make out a case when an appeal is not pending. The said contention of the learned Counsel for the Petitioner cannot be sustained in as much as a perusal of the order shows that no such direction was issued and no liberty to file fresh was given. Moreover, the said criminal miscellaneous was dismissed by observing that the appeal against the conviction filed before the Hon'ble Supreme Court has also been dismissed and accordingly, the present petition is not maintainable in view of decision rendered by this Court in Jang Singh v. State of Punjab, 2008 (1) RCR 323. The second petition with same prayer and for same cause of action is not maintainable. Dismissed.