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1990 Supreme(Guj) 150

B.C.PATEL, M.B.SHAH
ISHWARSINH M. RAJPUT – Appellant
Versus
STATE – Respondent


Advocates Appeared: AKSHAY H.MEHTA, M.A.BUKHARI, S.D.VASAVADA

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 pers





















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