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
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