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Supreme Court of India 2021-12-07 dismissed

Mohd Zahid vs State through NCB

Bench: 2 — M. R. Shah, B. V. Nagarathna

In Brief

A Pakistani national convicted of heroin trafficking in two separate cases (4 kg in Amritsar, 750 grams in Delhi) sought to have his consecutive sentences of 12 and 15 years run concurrently, arguing he had already served 22 years. The Supreme Court upheld the consecutive sentences. The Court held that under Section 427 Cr.P.C., sentences imposed in different trials for different transactions ordinarily run consecutively unless the trial court expressly directs otherwise. Given the serious societal harm caused by NDPS offences, courts should not exercise discretion in favour of drug traffickers. No concurrent order had been issued, and the different nature of the two offences/transactions precluded concurrent sentencing.

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Criminal Procedure Sentencing Narcotics and Drug Offences Consecutive and Concurrent Sentences Discretion in Sentencing

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