IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 Crl.MC.No. 1191 of 2009() ------------------------- SC.61/2000 of SPL.COURT (NDPS ACT CASES), VADAKARA .................... (CRIME NO.64/2000 OF NADAKKAVU POLICE STATION) PETITIONER(S): ------------------------- T.J.JAISON,C.NO.7086, S/O.JOSE, CENTRAL JAIL, KANNUR. BY ADV. SMT.ASHA CHERIAN (STATE BRIEF) RESPONDENT(S): -------------------------- STATE OF KERALA BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.1191 OF 2009 =========================== Dated this the 23rd day of July,2009 ORDER Petitioner was convicted in S.C.61/2000 for the offence under section 21 of NDPS Act and was sentenced to rigorous imprisonment for 10 years and a fine of Rs.1,00,000/- and in default rigorous imprisonment for six months. Petitioner was also granted set off for the period he was in custody in that case. He was again convicted in S.C.223/2000 for the offence under section 27(a) of NDPS Act and was sentenced to simple imprisonment for one year. Though set off was not originally granted the report called for from the Special Judge(NDPS cases), Vatakara establish that subsequently a revised committal warrant was issued providing set off for the period from 24-2-2000 to 17.1.2001, the period during which petitioner was remanded in that case . Hence no other modification is warranted. Though petitioner sought a further direction to run the sentence in both the cases concurrently, exercising the power under section 482 of Code of Criminal Procedure, it cannot be granted. Crl.M.C.1191/2009 2 Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006