Supreme Court
K.T. THOMAS, R.P. SETHI & S.N. VARIAVA, JJ.
Dadu @ Tulsidas - Appellant
Versus
State of Maharashtra - Respondents
Writ Petition (Crl.) No. 169 & 243 of 1999
Decided On : October 12, 2000
(2). The petitioner in W.P. No. 169/99 was arrested and upon conviction under Section 21 of the Act sentenced to undergo imprisonment for 10 years. He claims to have already undergo sentence for more than 7 years. He could not claim parole presumably under the impression that Section 32A of the act was a bar for the State to grant it. Though the petitioner has referred to Maharashtra Jal Manual, particularly Chapter XXXVIII providing various kinds of remissions and authorising the grant of parole yet nothing is on the record to show as to whether he in fact applied for parole or not.
(3). Petitioner in W.P. 243 of 1999, after trial was convicted under the Act and the bail application filed by him alongwith appeal presented in the High Court was dismissed as not presented in the High Court was dismissed as not pressed in view of the judgment of this Court in Maktool Singh vs. State of Punjab (1).
(4). The vires of the section have been defended by the Union of India on the ground that as the Parliament has jurisdiction to enact the law pertaining to Narcotic Drugs and Psychotropic Substance Act, reasonable restriction can be imposed upon the right of the convict to file appeal and seek release, remission or commutation. The act is intend to curb the during addiction and trafficking which is termed to be eating into the vitals of the economy of the country. The illicit money generated by drug trafficking is being used for illicit activities including encouragement of terrorism. Anti-drug justice has been claimed to be a criminal dimension of social justice. It is submitted that statutory control over narcotic drugs in India was being generally exercised through certain Central enactments, though some of the States and also enacted certain statues to deal with illicit traffic in drugs. Reference is made to the Opium Act and the Dangerous Drugs Act etc. In the absence of comprehensive law to effectively control psychotropic substances in the manner envisaged by the International Convention of Psychotropic Substances, 1971, a necessity was felt to enact some comprehensive legislation on the subject. With
2. Poona Lata vs. M.L. Wadhawan (1987(3) SCC 347)
3. State of Haryana vs. Mohinder Singh (2000(3) SCC 394)
4. Sunil Fulchand Shah vs. Union of India & Ors. (2000(3) SCC 409 = 2000(2) RCR (Crl.) 176 SC)
8. State of Haryana vs. Nauratta Singh & Ors. (2000(2) RCR (Crl.) 294 (SC) = 2000(3) SCC 514)
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