Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: s. 427- Exercise of power. under, scope - In terms of sub-section (1) of s. 427. if a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment, such subsequent term of imprisonment would normally commence at the expiration of the imprisonment to which he was previously sentenced- Only in appropriate cases, the court can make the sentence run concurrently with an earlier: Sentence imposed- The investiture of such discretion, presupposes that such d; discretion be exercised by the Court of sound judicial principles and not in a mechanical manner- Whether or not the discretion is to be exercised in directing sentences to run concurrently would depend upon the nature of the offence/offences and the facts and circumstances of each case - In the instant case. the appellant was earlier convicted u/s. 22 NDPS Act and subsequently convicted u/s. 27(b)(ii) and s. 28 of the Drugs and Cosmetics Act, 1940- In view of nature of the offences for which the appellant was convicted and the facts and circumstances of the case, the sentence imposed on the appellant in the two offences to nm concurrently- However, the fine amount and the default sentence or sentences are maintained - If the fine amount is not paid, the default sentence will run consecutively and not concurrently - Appeal allowed. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2017 INSC 1256 |
Petitioner | Anil Kumar |
Respondent | State Of Punjab |
SCR | [2017] 1 S.C.R. 418 |
Judgement Date | 2017-01-17 |
Case Number | 77 |
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