NAND KISHORE Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has approached this Court under Article 226 of the Constitution of India, read with Sections 427 and 482 Cr.P.C., praying that the sentenced imposed upon the petitioner in decided appeal Nos.824-SB of 1996 decided on 25.09.2006, and 982-SB of 1997 decided on 06.04.2005, by this Court, be ordered to run concurrently.

(2.) Admitted brief facts of the case are that the petitioner had been convicted and sentenced to undergo RI for 10 years and to pay a fine of '1.00 lac vide judgment of conviction and order of sentence dated 16/17.9.1996 by the Court of Additional Sessions Judge, Bhiwani. Subsequently, he had also been convicted and sentenced to undergo RI for 10 years and to pay a fine of '1.00 on 13.10.1997, by the Court of learned Additional Sessions Judge, Sirsa. The appeals filed by the petitioner in both the cases stand dismissed by this Court vide judgments Annexure P-1 and P-2.

(3.) The learned counsel for the petitioner, inter alia, contends that the petitioner had been sentenced to undergo rigorous imprisonment for a period of 10 years in case FIR No.75 dated 02.05.1991, under Section 18 of the NDPS Act; and rigorous imprisonment for a period of 10 years in case FIR No.235 dated 15.12.1995, under Section 18 of the NDPS Act. The appeals filed against the aforesaid already stand dismissed by this Court. The learned counsel thus, contends that the petitioner shall now have to undergo rigorous consecutive imprisonment for a total period of 20 years in both the cases.