2017 (1) TMI 1576

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....cation filed by the appellant seeking direction to treat sentence imposed on him in Complaint No.638 dated 24.08.2009 and that in FIR No.37 dated 19.04.2009 to run concurrently, was declined. 2. Brief facts are as follows. By judgment dated 23.07.2014 in FIR No.37 dated 19.04.2009 PS Longowal, the appellant was convicted under Section 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) and sentenced to undergo rigorous imprisonment for ten years and pay fine of rupee one lakh and in default to undergo imprisonment for two years. By the judgment dated 25.08.2014, in the Complaint No.638 dated 24.08.2009, the appellant was convicted under Section 27(b)(ii) and Section 28 of the Drugs and Cosmetics Act, 1940 and was senten....

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....st undergoing such sentence, sentenced to imprisonment for an offence committed prior to the making of such order, the latter sentence shall commence immediately. (2) When a person already undergoing a sentence of imprisonment for life is sentenced on a subsequent conviction to imprisonment for a term or imprisonment for life, the subsequent sentence shall run concurrently with such previous sentence." 5. In terms of sub-section (1) of Section 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, consid....