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Mohd Zahid v. State, Through NCB

Criminal Appeal · 2021 INSC 834Decided 7 Dec 2021
Criminal Appeal No. 1457 of 2021
Justice M.R. Shah · Justice B.V. Nagarathna

Background

The appellant was convicted in two separate NDPS cases: one in Amritsar for recovery of 4 kg of heroin (12 years' imprisonment) and a later one in Delhi for recovery of 750 grams of heroin, where he received an enhanced sentence of 15 years because of his earlier conviction. The Delhi trial court did not say whether this second sentence should run concurrently with or after the first one. He challenged this before the Delhi High Court, asking that both sentences run concurrently given his age, time already served, and good conduct in jail, but the High Court dismissed his appeal and confirmed the conviction and sentence.

Decision Breakdown

The Supreme Court dismissed the appeal, holding that sentences from separate transactions investigated under different FIRs and decided in separate judgments do not automatically run concurrently. Under Section 427 CrPC, courts have discretion to direct concurrent sentences, but that discretion must be exercised judiciously and was not exercised here since no such direction was made at the time of sentencing. The Court emphasized that NDPS offences are especially serious given their harmful effect on society, so no leniency was warranted, and upheld the consecutive running of the two sentences.

Lesson Learnt

When a person is convicted in separate criminal cases arising from different incidents, their sentences normally run one after another (consecutively), not simultaneously: concurrent running requires a specific judicial direction, which courts are reluctant to give for serious offences like drug trafficking.

Official source (sci.gov.in)View Judgment (PDF)

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