Crl. Misc. No.M-1298 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No.M-1298 of 2011 Date of Decision: 24.05.2011 Gurjit Kaur ....Petitioner Versus The State of Punjab & others ...Respondents CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. S.P.S. Sidhu, Advocate for the petitioner. ***** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? ** NIRMALJIT KAUR, J. (ORAL) This is a petition under Section 482 Cr.P.C for issuance of direction to the respondents to calculate the period as undergone by the petitioner in case in which she has been acquitted towards the period undergone by the petitioner in present case, keeping in view the facts and circumstances mentioned in the petition. Learned counsel for the petitioner contends that the petitioner was acquitted in case FIR No.40/2000 under Section 18/20 of the N.D.P.S Act registered at Police Station Hari Ke, Amritsar by this Court vide order dated 17.07.2006 passed in Criminal Appeal No.157-DB of 2004. Against the said judgment, the State had filed S.L.P before Hon'ble the Supreme Court of India and Hon'ble the Supreme Court of India upheld the judgment passed by this Court and dismissed the S.L.P. The petitioner is stated to have spent more than five years in judicial custody in case in which he was Crl. Misc. No.M-1298 of 2011 2 ultimately acquitted. Thereafter, the petitioner was convicted in case FIR No.01 dated 01.01.1995 under Sections 18/61/85 of the N.D.P.S Act registered at Police Station Sadar Jalalabad, District Ferozepur vide order dated 30.05.2008. It is, therefore, prayed that the sentence awarded to her for her conviction in the FIR No.01 dated 01.01.1995 under Sections 18/61/85 of the N.D.P.S Act registered at Police Station Sadar Jalalabad, District Ferozepur be set out against the sentence undergone by her in case in which she has been acquitted. Heard. Learned counsel for the petitioner does not dispute that the judgment and order dated 19.05.2005 passed by the Special Judge, Ferozepur convicting the petitioner in FIR No.01 dated 01.01.1995 under Sections 18/61/85 of the N.D.P.S Act registered at Police Station Sadar Jalalabad, District Ferozepur was challenged before the High Court in Criminal Appeal No.1201-SB of 2005. This Court dismissed the appeal of the petitioner vide judgment dated 30.05.2008 and the SLP against the said judgment is still pending before the Hon'ble Supreme Court of India. In view of the fact that appeal is already pending before the Supreme Court, the present petition under Section 482 of the Cr.P.C for commuting her sentence in the same case is not maintainable before the Court. Dismissed accordingly. (NIRMALJIT KAUR) 24.05.2011 JUDGE gurpreet