KAMAL KISHORE ALIAS CHOTIYA Vs. STATE

JUDGEMENT

(1.) THE present criminal misc. petition under 482 Cr.P.C. is directed against the order dated 02.04.2009 passed by the District&Sessions Judge, Jaipur City, Jaipur in Criminal Misc. Application No. 828/2009 filed by the petitioner under Section 427 Cr.P.C., by which the Court below has dismissed the aforesaid application.

(2.) BRIEF facts of the case are that the petitioner vide judgment dated 19.04.2000 passed by the Special Judge, NDPS Cases, Jaipur in Sessions Case No. 20/1999, was convicted under Section 8/22 of the NDPS Act and sentenced to undergo rigorous imprisonment for 10 years with a fine of Rs. 1,00,000/- and the said judgment of the trial Court was subsequently upheld in the appeal filed by the petitioner on 25.11.2004. Further, the SLP filed by the petitioner from the jail was also dismissed by the Honourable Supreme Court.

(3.) IT is submitted that in the case of Mukhtiar Singh Vs. State, reported in 1995 Cri.L.J. 2057, the High Court of Jammu&Kashmir held that where a convict, out of ignorance or because of default of his counsel or for any other reasons may omit to ask for running of the sentences concurrently in the subsequent trial, the High Court possess the inherent powers to pass appropriate directions to run the sentences concurrently and while doing so, it would not be altering any judgment or sentence in the process.