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Petitioner: NAEEM ARSHAD VS Respondent: SUPERINTENDENT OF NEW CENTRAL JAIL, MULTAN
Court Name: Lahore High Court Judge(s): M. A. Shahid Siddiqui Title: NAEEM ARSHAD vs SUPERINTENDENT OF NEW CENTRAL JAIL, MULTAN Case No.: W.P. No.1654 of 2004 Date of Judgment:2004-04-28 Reported As: 2005 MLD 586 Result: Petition allowed
Judgment ORDER ' Naeem Arshad petitioner was tried in two cases separately bearing F.I.R. No.227 of 2001 dated 19- 10-2001 under section 9(c) of the Control of Narcotic Substances Act, 1997, registered at Police Station Sadar District Vehari. Both the cases were simultaneously tried by Mr. Muhammad Shafique Butt, learned Additional Sessions Judge, Burewala and convicted on the same day i.e. On 8-1-2004 in both the cases. In case F.I.R. No.227 of 2001 he was sentenced to four year rigorous imprisonment and a fine of Rs.20,000 under section 9(c) of the Control of Narcotic Substances Act, 1997, and in case F.I.R. No.230 of 2001, he was sentenced to imprisonment for two years rigorous imprisonment and a fine of Rs.20,000. He was allowed the benefit of section 382-B, Cr.P.C. He was directed to suffer six months simple imprisonment, in case of default in the payment of fine in both the cases. However, he was allowed benefit of section 382-B, Cr.P.C. In both the cases. 2. Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has prayed for a direction to the Superintendent New Central Jail Multan to treat the sentence of the petitioner in both the cases concurrently. The petitioner has been in jail since October, 2001. He was implicated in the second case with an interval of four days. Both the cases were tried simultaneously, as such, the learned trial Court should have ordered the sentence of the appellant to run concurrently under section 397, Cr.P.C. This petition is allowed. Both the sentences are ordered to run concurrently. This petition stands disposed of.