SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

B.C.PATEL, M.B.SHAH
Ishwar Singh M. Rajput – Appellant
Versus
State of Gujarat – Respondent


JUDGMENT

M.B. Shah, J. - In these petitions, the question, which requires determination, is whether a person convicted under the Provisions of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Narcotics Act") can be released either on parole or furlough by the concerned authority under Parole and Furlough Rules after addition of section 32A in the Act? Section 32A reads as under:

"32A. No suspension remission or commutation in any sentence awarded under this Act:

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force but subject to the provisions of section 33, no sentence awarded under this Act (other than section 27) shall be suspended or remitted or commuted."

This section came into force with effect from 29th May, 1989. It is mandate of the aforesaid section that-notwithstanding anything contained in the Code of Criminal Procedure, 1973 or any law for the time being in force no sentence under this Act shall be suspended, remitted or commuted, otherwise that is provided under section 26 or section 33 of the Act. The language of section 32A is clear and admits of no am

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top