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ABDUL GHAFOOR versus STATE

Section 397 Two different cases were registered for the same offense and in the same date both cases were decided by different judges simultaneously, in which the accused / applicant was arrested on 3 12 1997 with a jury sack. About 20kg of hashish was recovered from it. And in that police station another criminal case was registered against the accused, who alleged that 40 kilograms of hashish was recovered from his house. Both cases were tried before the trial court / special court and the judgment was decided separately. The court heard that after passing the verdict, not the order of the trial proceedings, after the trial, the petition was sent to the trial court requesting that the two convictions be executed simultaneously. can go. The trial court rejected the plea and said that the accused was sentenced in two separate cases, separate registered and valid trials of the trial showed that both cases were again examined at the same police station on the same date and The investigating officer was also the same and otherwise the recovery itself was identified on the accused when for the first time after the recovery, the verdict revealed that the two offenses were one and the same and the prosecution had separated him badly. Under section 7397, the CCP can exercise power in two offenses where the transaction / incident was the same and the same trial court while in the other case sentencing and sentencing should exercise discretion in favor of the accused. / The applicant has the money for a miscarriage of justice and can be interfered with in the trial court, he also alleged that he had earlier registration advocate from Bhakkar lawyer