AMAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an application moved from Jail by convict Amar Singh S/O Teja Singh, confined in Central Jail, Ferozepur, praying therein that the applicant-petitioner has been convicted in FIR No. 3 under Sections 15/61/85 of the NDPS Act, Police Station, Kota, Rajasthan and has been sentenced for a period of 10 years imprisonment. In FIR No. 118, dated 30/05/2001, under Sections 15/61/85 of the NDPS Act, registered at Police Station, City Moga. He has been again convicted and sentenced for 10 years imprisonment. These are two separate cases. He has, vide this petition, prayed that these two sentences may be ordered to run concurrently.

(2.) NOTICE of this application was given to the Advocate General, Punjab. State of Punjab has filed a detailed reply, wherein it has been mentioned that the petitioner was convicted in FIR No. 118 dated 30.05.2001, under Sections 15/61/85 of the NDPS Act, Police Station, Moga-II and has been sentenced to 10 years rigorous imprisonment and a fine of Rs. 1,00,000/- or in default of payment of fine to further undergo rigorous imprisonment of one year. Similarly, he has been convicted in sessions cases No. 3/94 CBM/Kota, under Sections 8/15 of NDPS Act and sentenced to rigorous imprisonment for 15 years and fine of Rs. 1,50,000/- or in default of payment of fine to further undergo simple imprisonment for one year. This order of conviction was passed on 25.08.2006. It is further submitted that the sentences awarded in both cases cannot run concurrently as the petitioner was convicted in both cases on different dates by two separate courts.

(3.) ON going through the judgment of the Hon'ble Supreme Court, I am of the opinion that the present petition under Section 482 of the Code of Criminal Procedure is not maintainable as held by the Hon'ble Supreme Court in M.R. Kudva v. State of Andhra Pradesh (supra). The relevant portion of the said judgment reads as under :