- (1.) THE appellant was convicted and sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs. 1,00,000/ - for offence punishable under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, NDPS Act) in case bearing FIR No.93 dated 19.07.2005 registered at Police Station Uchana, District Jind.
(2.) THE prosecution case in brief is that on 19.07.2005 Sub - Inspector Pawan Kumar on the basis of secret information apprehended the appellant outside his house and on his search, which was conducted in presence of Deputy Superintendent of Police, charas weighing 1 kg 750 grams was recovered.
(3.) AT the very outset learned counsel for the petitioner submits that appellant do not challenge his conviction and sentence on merit and has argued that on the date of judgment in this case i.e. 28.08.2006 the appellant was already undergoing imprisonment of ten years awarded to him in case bearing FIR No.275 dated 24.06.2001 registered at Police Station City Jind under Section 20 of the NDPS Act, as such the sentence awarded to the petitioner in both the cases be ordered to run concurrently as per provisions of Section 427 (1) Cr.P.C. To support his contention he has relied upon observations made in the case of Jang Singh versus State of Punjab, 2008 1 RCR(Cri) 323. The learned State counsel has argued that the appellant is a habitual offender. At the time of commission of offence in this case, he was on parole and defying the benefit of parole allowed to him, he indulged in trade of narcotic. The observations made in the case of Jang Singh are in no manner helpful to the petitioner. In the case of Ranjit Singh versus Union Territory Chandigarh and others, 1991 4 SCC 304, the convict was undergoing sentence of life imprisonment and during parole he committed another murder. His sentence was ordered not to run concurrently with the earlier sentence of life imprisonment. In view of the facts and circumstances of this case the sentence awarded to appellant in two separate cases cannot be ordered to run concurrently.;