Noting that while awarding the sentence or punishment in case of NDPS Act, the interest of the society as a whole is required to be taken into consideration, the Supreme Court of India reiterated that discretion under Section 427 Cr.PC should't be excercised for NDPS Act offendors.
Commenting on how grave such offences are against society, the Bench comprising of Justice MR Shah and Justice BV Nagarathna sternly stated:
"Such organized activities of clandestine smuggling of narcotic drugs and psychotropic substances into this country and illegal trafficking in such drugs and substances have a deadly impact on the society as a whole. Therefore, while awarding the sentence or punishment in case of NDPS Act, the interest of the society as a whole is required to be taken into consideration."
It noted that discretion to direct subsequent sentence to run concurrently with the previous sentence has to be exercised judiciously depending upon the nature of offences committed.
"Even while applying discretion under Section 427 of Cr.PC, the discretion shall not be in favour of the accused who is found to be indulging in illegal trafficking in the narcotic drugs and psychotropic substances."
The observations came while considering the question as to whether the sentences imposed by two different courts in two different trials but against the same accused/person should run concurrently or consecutively?
The Appellant herein has challanged the Delhi High Court order refusing to grant accused the relief and holding that sentences imposed in both the NDPS cases against him be run concurrently.
The Appellant-accused had been sentenced to rigorous imprisonment of 12 years in one and of 15 years in other along with fine of ₹ 1, 50,000.
Supreme Court Observations
Examining the facts of the case and nature of offences under NDPS Act, the Court said that no leniency should be shown to an accused who is found to be guilty. The Court made srong remarks on the hazardous effects of NDPS offences on the society and youth.
"Those persons who are dealing in narcotic drugs are instruments in causing death or in inflicting death blow to a number of innocent young victims who are vulnerable. Such accused causes deleterious effects and deadly impact on the society. They are hazard to the society."
The Court went onto examining the discretion under Section 427 Cr.PC. It cited SC Judgements in Mohd. Akhtar Hussain Alias Ibrahim Ahmed Bhatti Vs. Assistant Collector of Customs (Prevention) Ahmadabad & Ors, 1988 Latest Caselaw 256 SC wherein it was held that if the transaction relating to offences is not the same or the facts constituting the two offences are quite different in that case the subsequent sentence should run consecutively.
The Court further cited:
In view of the above, the Court laid down principles that emerged:
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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.
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Ordinarily, the subsequent sentence would commence at the expiration of the first term of imprisonment unless the court directs the subsequent sentence to run concurrently with the previous sentence.
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The general rule is that where there are different transactions, different crime numbers and cases have been decided by the different judgments, concurrent sentence cannot be awarded under Section 427 of Cr.PC.
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Under Section 427 (1) of Cr.PC the Court has the power and discretion to issue a direction that all the subsequent sentences run concurrently with the previous sentence, however discretion has to be exercised judiciously and there must be a specific direction.
The Court accordingly dismissed the petition.
Read Judgement Here:
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