ORDER :

The appellant who is convicted and sentenced under Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act') sought the benefit of remission and it is seen from the Jail Custody Certificate dated 14.05.2010 that actual sentence undergone by the appellant is only 5 years, 1 month and 27 days. Under Section 32A of the NDPS Act, 1985, no sentence awarded under the NDPS Act could be suspended/remitted/commuted. The constitutional validity of the subject matter was challenged before this Court in Dadu alias Tulsidas v. State of Maharashtra, (2008) 8 SCC 437, wherein it has been held that Section 32A was not unconstitutional insofar as denial of remission is concerned.

2. The decision was thereafter followed and affirmed in the Judgment in Criminal Appeal No.973/2008, Krishan & Others v. State of Haryana & Ors., (2013) 14 SCC 24. Therefore, the High Court was right in rejecting the request made by the appellant for considering the remission of his sentence against the total period of sentence.

3. There is no merit in the appeal, which is, accordingly dismissed. The order dated 2nd May, 2011 granting bail to the appellant is recalled. His bail bonds