1994 Supreme(Raj) 703
RAJASTHAN HIGH COURT
Rajendra Saxena, R.R.Yadav, JJ.
Anwar - Appellant
Versus
State - Respondent
D.B. Civil Misc. Habeas Corpus No. 1263 of 1994.
Decided On : 6-04-1994
Advocates:
For the Appellant: In person
For the Respondent:Dr. S. S. Bhandawat, Add. Advocate General.
The specific bar under Section 32(a) of the Narcotic Drugs And Psychotropic Substances Act, 1985 prohibits the suspension, remission, or committal of any sentence awarded under the Act.
Headnote:
Parole - Narcotic Drugs And Psychotropic Substances Act, 1985 - The court dismissed a petition for the release on parole of a convict under Section 21 of the Act, citing the specific bar under Section 32(a) of the Act that prohibits the suspension, remission, or committal of any sentence awarded under the Act.
Fact of the Case:
The convict filed a petition for release on parole, which was dismissed by the court due to the specific bar under Section 32(a) of the Narcotic Drugs And Psychotropic Substances Act, 1985.
Finding of the Court:
The court found that the convict was not entitled to release on parole based on the specific bar under Section 32(a) of the Act.
Issues: The issue was whether the convict was entitled to release on parole under the Narcotic Drugs And Psychotropic Substances Act, 1985.
Ratio Decidendi: The court's decision was influenced by the specific bar under Section 32(a) of the Act, which prohibits the suspension, remission, or committal of any sentence awarded under the Act.
Final Decision: The petition for release on parole was dismissed by the court.
JUDGMENT
1. - One Anwar moved petition under Article 32 of the Constitution or India on behalf of the convict Bhai Khan in the Hon'ble Supreme Court of India praying for latter's release on parole for looking after his family and for arranging the marriage of his daughters. This petition has been transmitted to this Court by the Asstt. Registrar by the Hon'ble Supreme Court of India. The notices were given to the learned Addl. Advocate General and convict Bhai Khan was called from the Central Jail, Jodhpur.
2. We have heard convict Bhai Khan and Dr. S.S. Bhandawat, Addl. Advocate General.The petitioner has been found guilty for the offence under Section 21 of the Narcotic Drugs And Psychotropic Substances Act, 1985 (in short 'the Act of 1985') by the learned Addl. Sessions Judge, Jaisalmer and was sentenced to 15 years R.I. and a fine of Rs. 2 lacs and in default of payment of fine to further undergo to two years R.I. Bhaikhan filed an appeal against his conviction sentence being SB Cr. Appeal No. 8/1989, which was dismissed by this Court vide judgment dated 7.3.1991. The S.L.P. filed by the convict in the Hon'ble Supreme Court of India has also been dismissed by its order dated 13.2.1993.
3. Section 32(a) of the Act of 1985 specifically lays down that notwithstanding anything contained in the Criminal Procedure Code for any other law for the time being in force but subject to Section 33, no sentence awarded under this Act shall be suspended or remitted or committed. Therefore, keeping in view this specific bar convict Bhai Khan is not at all entitled for his release on parole.Therefore, this petition is hereby dismissed.-RESUIt- Petition dismissed.
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