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Sohanlal & Anr. vs. State of Rajasthan

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Code of Criminal Procedure, 1973–Secs. 427 & 31–Narcotic Drugs & Psychotropic Substances Act, 1985–Secs. 8/18 & 8/15–No direction as regards to running the two sentences was given by the trial Court–Both the offences have arisen from a single transaction–Trial Court erred by failing to order that both the sentences shall run concurrently–Mandates of Sec. 31 were not followed–In routine, an order to run the sentence concurrently should be passed otherwise accused would suffer way harsher punishment than the legislative intend–It is imperative upon the Judge to hear the accused on the point of sentence and then pass the order which would include whether the sentence is to run consecutively or concurrently–Directed to compute both sentences concurrently.