B. C. PATEL, M. B. SHAH, J.

( 1 ) 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) con be released either on parole or furlough by the concerned authority under Parole and Furlough Rules after addition of Sec. 32a in the Act ? Section 32a reads as under:32 No suspension remission or commutation in any sentence awarded order this Act : notwithstanding anything contained in the Code of Criminal Procedure 1973 (2 of 1974)on any other law for the time being in force but subject to the provisions of Sec. 33 no sentence awarded under this Act (other than Sec. 27) shall be suspended or remitted or commuted. This Section came into force with effect from 29/05/1989 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 is force no sentence under this Act shall be suspended remitted or commuted otherwise that is provided under Sec. 26 or Sec. 33 of the Act. The language of Sec. 32a is clear and admits of no ambiguity. Therefore once a person is convicted under the Narcotics Act his sentence cannot be suspended or remitted.

( 2 ) BY granting parole or furlough the prisoner is released from the jail for a short time. It is granted for various reasons such as to enable the prisoner to return to the outside world to enable continuity with his family life and to deal with family material etc. If the prisoner is released on parole his sentence is suspended for the time being for the period for which he is released on parole. If he is released on furlough him sentence is suspended and remitted. However grant of percale or furlough is a concession given to the prisoner under the system known as Parole and Furlough Rules which are framed under the provisions of the Prisons Act 1894 The purpose and object of granting parole or furlough is to some extent considered by the Full Bench of this Court in the case of Bikhabhai v. State [1987 (2)] 28 GLR 1178. The relevant dissuasion is under. (at page No. 1183 of GLR) the Parole and furlough Rules are part of the penal and prison reform with a view to humanise the person system. These rules enable the prisoner to obtain his released to return no the outside world for a short prescribed period. the objects of such release prisoner can be read from para 101 of the report submitted by the All India Jail Manual Committee as also the objects mentioned In the Model Prison Manual. Those objects are : (1) to enable the inmate to maintain continuity with his family life and deal with family matters. (ii) to save the inmate form the evil effects of certificate prison life. (iii) to enable the Inmate to maintain constructive hope and active Interests in life 14 In the Statement of Objects and Reasons for Bombay (Prison Amendment) set No 27 of 1953 the Jail Reforms Committee had recommended and the Government accepted the recommendation that: there should be the system of release of prisoners on furlough under which well behind prisoners of certain categories should as a matter of right have a spell of freedom occasionally after any undergo a specified period of imprisonment so that they may maintain contact with their near relative and towards and may not feel uprooted from society Government accepted these recommendations and able deluded that the furlough period should count toward the prisoners sentence. xxx xxx xxx the experience has shown that the system has worked satisfactorily who Persons Act 18 does not specifically provide for the grant of furlough and the remission of sentence consequent upon it In order to place the same in on a permanent footing and to enable the Government to delegate its powers to the same now General of persons It Is necessary that the persons Act 1854 should be amended. In its application to the State of Bombay

( 3 ) IN furtheran

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