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    <title>1988 (8) TMI 99 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=42299</link>
    <description>Distinct offences may justify consecutive sentences where they arise from different transactions, so concurrency is not automatic under section 427 of the Code of Criminal Procedure. Here, the court treated the Gold (Control) Act conviction for possession of primary gold and the later Customs Act conviction for smuggling-related activity as separate matters, making consecutive sentences permissible. Even so, the sentencing court had to apply the totality principle and consider the aggregate punishment already being undergone before fixing the later term. The maximum sentence in the second case was therefore unwarranted, and the enhanced consecutive maximum sentence was set aside while the trial court&#039;s sentence was restored.</description>
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    <pubDate>Wed, 31 Aug 1988 00:00:00 +0530</pubDate>
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      <title>1988 (8) TMI 99 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=42299</link>
      <description>Distinct offences may justify consecutive sentences where they arise from different transactions, so concurrency is not automatic under section 427 of the Code of Criminal Procedure. Here, the court treated the Gold (Control) Act conviction for possession of primary gold and the later Customs Act conviction for smuggling-related activity as separate matters, making consecutive sentences permissible. Even so, the sentencing court had to apply the totality principle and consider the aggregate punishment already being undergone before fixing the later term. The maximum sentence in the second case was therefore unwarranted, and the enhanced consecutive maximum sentence was set aside while the trial court&#039;s sentence was restored.</description>
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      <pubDate>Wed, 31 Aug 1988 00:00:00 +0530</pubDate>
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