VIRMA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both the above-mentioned petitions have been received from jail and both of them have been registered by the office under Section 482 Cr.P.C. and since in both the petitions, common point of interpretation of Section 428 Cr.P.C. is involved, therefore, they are being decided by this common order.

(2.) It arises in the following circumstances: I this case, the accused petitioner Ram Chandra in Sessions Case No. 241/1994 was convicted by the learned Special Judge, NDPS Cases, Udaipur for the offence under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NPDS Act) vide judgment dated 13/9/1995 and vide order of sentence dated 13-9-1995, he was sentenced to undergo ten years rigorous imprisonment and to pay a fine of Rs. one lac, in default of payment of fine, to further undergo two years RI. In compliance of the aforesaid judgment and order dated 13-9-1995, warrant of commitment to jail was prepared by the learned Special Judge, NDPS Cases, Udaipur on 13-9-1995 and in that warrant of commitment to jail, it was mentioned that the accused petitioner Ram Chandra would not get the benefit of the provisions of Section 428 Cr.P.C. Against the judgment and order dated 13-9-1995 passed by the learned Special Judge, NDPS Cases, Udaipur, an appeal was filed by the accused petitioner Ram Chandra before this Court which was registered as S.B. Criminal Appeal No. 49/96 and this Court through judgment dated 27th March, 2001 dismissed the said appeal of the petitioner Ram Chandra. It may be stated here that by the same judgment, this court also dismissed the appeal being S.B. Cr. Appeal No. 50/96 filed by the another accused petitioner Virma Ram of S.B. Cr. Misc. Jail AppI. No. 654/2002. Aggrieved from that portion of the warrant of commitment to jail issued by the learned Special Judge, NDPS Cases, Udaipur on 13-9-1995 directing that accused petitioner Ram Chandra would not get the benefit of the provisions of Section 428 Cr.P.C., the accused petitioner Ram Chandra has preferred this petition from jail.

(3.) In this petition, it has been submitted by the learned counsel appearing for the accused petitioner that the directions contained in the warrant of commitment to jail dated 13-9-1995 issued by the learned Special Judge, NDPS Cases, Udaipur that the accused petitioner Ram Chandra would not get the benefit of the provisions of Section 428 Cr.P.C. are wholly illegal for two reasons: -