JUDGMENT

Dipak Misra, J.

In this writ petition preferred under Article 32 of Constitution of India, the petitioners, who have been convicted for the offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, ‘the NDPS Act’) and sentenced to undergo rigorous imprisonment for more than 10 years and to pay a fine of Rs.1 lakh and in default of payment of fine, to suffer further rigorous imprisonment for six months, have prayed for issue of writ of mandamus to the respondent nos. 1 to 3 commanding them to grant remission to them as per the provisions contained in Chapter XIX of the New Punjab Jail Manual, 1996 (for short, ‘the Manual’).

2. This writ petition was listed along with SLP(Crl) No. 4079 of 2012, wherein at the time of issue of notice, the following issue was noted:-

“The point which has been raised today on behalf of the petitioner is whether the remission granted by the Governor under Article 161 of the Constitution has an overriding effect over the provisions of Section 32A of the NDPS Act. The matter needs consideration having regard to the views expressed by this Court in the case of Meru Ram”.

The special leave petition stoo