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Supreme Court of India 2017-01-17 allowed

Anil Kumar vs State of Punjab

Bench: 2 — R. Banumathi

In Brief

Anil Kumar was convicted under the NDPS Act (Section 22) and separately under the Drugs and Cosmetics Act (Sections 27(b)(ii) and 28), receiving sentences of ten years and one year rigorous imprisonment respectively. He sought direction for these sentences to run concurrently. The High Court dismissed his petition. The Supreme Court allowed the appeal, directing substantive sentences to run concurrently, while keeping fine amounts and related default sentences consecutive. The Court held that concurrent sentencing is discretionary, depending on the nature of offences and case circumstances, not mechanical application."

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Criminal Procedure Sentencing Concurrent Sentences Drug Laws NDPS Act Discretionary Powers

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