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2013 Supreme(Mad) 641

T.SUDANTHIRAM, P.DEVADASS, K.N.BASHA
Donatus Tony Ikwanusi – Appellant
Versus
Investigating Officer, NCB – Respondent


Advocates Appeared:
For the Appellant:T.S. Sasikumar, Advocate.
For the Respondent: N.P. Kumar, Special Public Prosecutor for NCB Cases.
For the Amicus Curiaes:AR.L. Sundaresan, Senior Counsel A. Ganesh, C.R. Malarvannan, Advocates.

Judgment :-

K.N. Basha, J.

1. This Full Bench is constituted by the Hon'ble The Chief Justice on the basis of the reference made by one of us (Hon'ble Mr.Justice T.Sudanthiram) in this appeal on 03.08.2012 as the Hon'ble Judge has taken a different view from that of the view taken by a Division Bench of this Court in its order dated 27.03.2012 M.Balasubramaniam V. State represented by the Inspector and others) reported in2012 (1) L.W. (Crl.) 429 to the effect that there is no prohibition for the Court to order the default sentence also to run concurrently. The Hon'ble Judge by quoting a catena of decision right from (1911) 5 SLR 263 (Emperor Vs. Akidullah) rendered by this Court and various High Courts pointed out that they are consistent that the default sentence of imprisonment cannot be made to run concurrently. Therefore, the learned Judge felt that the decision rendered by the Division Bench of this Court in M.Balasubramaniam V. State represented by the Inspector and others) reported in2012 (1) L.W. (Crl.) 429 by taking a view that “there is no prohibition for the Court to order the default sentence also to run concurrently” requires reconsideration for an authoritative pronounc




































































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