- (1.) AMAR Saran, J. Heard learned Counsel for the applicants and AGA.
(2.) THIS application has been filed with the prayer that the applicant, who has been convicted and sentenced to 7 months' R l and a fine of Rs. 5,0007- under Section 22-B of NDPS Act, and in case of default in payment of fine 4 months' additional imprisonment in ST. No. 114-Aof 2003 by a judgment dated 4-6-2007 passed by the Additional Sessions Judge/ftc 20, Allahabad and also on the same day by the same Court and the same Judge in ST. No. 216 of 2007, the applicant has been convicted and sentenced to one year's Rl and a fine of Rs. 5007- under Section 25 of the Arms Act and in default of payment of fine, to one month additional imprisonment. The only prayer made in this application is that this Court in exercise of its powers under Section 482, Cr. P. C. should direct sentences in both the aforesaid cases to run concurrently. On the point whether an order, as prayed, may be passed by this Court, I have heard learned Counsel for the applicant and learned AGA in extenso.
(3.) LEARNED Counsel for the applicant has placed reliance on the decision in Hano @ Har Narain v. State of U. P, 1997 (35) ACC 200, which is based on the Full Bench decision in Mulaim Singh v. State, 1974 Cri LJ 1397 (V 80 C 519 ). Under the judgment, it was observed that the High Court has inherent powers to direct that the sentences of imprisonment awarded in a subsequent conviction shall run simultaneously with the previous sentence even if the stage of revision is over, if the circumstances could serve any of the three principles mentioned in Section 561-A (now Section 482. Cr. P. C.), i. e. , to give effect to any order or to prevent abuse of the process of the Court or otherwise to secure the ends of justice. It is argued that on the facts of the case, there was only one transaction. On 14-3-2003 the informant, Sub- Inspector alongwith constables was looking for the wanted accused. This police party when on a gustha came in front of Kundan Guest House, Allahabad, where they saw the applicant standing in front of the Kali Ji Ka Mandir, who tried to run away on seeing the police party. However, the informant and the other police personnel succeeded in apprehending him in front of the temple. It was 10. 45 p. m. On enquiry, the applicant gave his name. From his possession, 85 pudias of crushed diazapam tablets, weighing 85 grams, were recovered for which he was not licensed. No public witness, however, came forward to support the raid. The material recovered was sent to the chemical examiner. However, as the applicant pleaded guilty, he was convicted and sen tenced, as above. In the same incident, at the same time and place, a country-made pistol and cartridges were also recovered from the applicant for which a separate crime was registered and separate trial followed. In this case also, the applicant pleaded guilty and was sentenced as above.;