No concurrent sentence for subsequent convictions, especially in drug trafficking case: SC

The bench said while awarding the sentence or punishment in the case of NDPS Act, the interest of the society is required to be taken into consideration

The Supreme Court on Tuesday declared that if a person already undergoing a jail term is sentenced in a subsequent conviction, such a prison term would normally commence at the expiration of the previous imprisonment.

"The general rule is that where there are different transactions, different crime numbers and cases have been decided by the different judgements, concurrent sentence cannot be awarded under Section 427 of Criminal Procedure Code," a bench of Justices M R Shah and B V Nagarathna explained.

The top court, further, said under Section 427 (1) of the CrPC, the court has the power and discretion to issue a direction that all the subsequent sentences can run concurrently with the previous sentence. However, such discretion has to be exercised judiciously depending upon the nature of the offence or the offences committed and the facts in situation.

The top court dealt with the legal provision while rejecting a plea by Mohd Zahid, a resident of Pakistan's Lahore, against Delhi High Court's judgement. The HC had dismissed his contention that he was sentenced to 12 years jail in a case by Amritsar court for the import of four kg of heroin. So, his subsequent sentence of 15 years jail by a Delhi court for recovery of 750 grams of heroin should be allowed to run concurrently or he would suffer 27 years of jail.

The bench said while awarding the sentence or punishment in the case of NDPS Act, the interest of the society as a whole is required to be taken into consideration. Even while applying discretion under Section 427 of the CrPC, no discretion or leniency can be exercised in favor of the accused, found to be indulging in illegal trafficking in narcotic drugs and psychotropic substances.

Those who are dealing in narcotic drugs are instruments in causing death or in inflicting death blow to a number of innocent, young and vulnerable victims. Such accused cause deleterious effects and deadly impact on society. They are hazardous to society. Such organised 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, the court said.

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