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TMI Blog2018 (4) TMI 1544X X X X Extracts X X X X X X X X Extracts X X X X ..... r parole in either of the cases post-conviction - Held that: - the prayer of the petitioner appears to be justified and in order, since it is a matter of record that his conviction is not in two separate cases under the NDPS Act alone - As such, he is found to be entitled to the concurrence of the sentences awarded to him in the first as well as the second complaint cases - prayer allowed. - CRM- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -1-2012. The Revisional Application preferred against such dismissal of appeal was thereafter dismissed on 25-2-2016. 2. As per the custody certificate filed in this Court earlier, it is seen that the actual sentence undergone by the petitioner in the aforesaid case was three years, two months and twenty-seven days as on 3-10-2017, and after calculating the admissible remission period, it came ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10-2017, the petitioner had already undergone the sentence awarded to him. 4. He, therefore, now seeks concurrence of the sentence awarded to him in the original complaint case under Section 135 of the Customs Act along with the sentence undergone by him following his second conviction, since he was not released on bail or parole in either of the cases post-conviction. 5. In the case of Ani ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or sentences are maintained. If the fine amount is not paid, the default sentence will run consecutively and not concurrently. 9. The substantive sentences imposed on the appellant are ordered to run concurrently and the appeal is thus allowed. 6. On going through the aforesaid decision, the prayer of the petitioner appears to be justified and in order, since it is a matter of record that h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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