MAKTOOL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Leave granted.

(2.) Can the sentence, passed on a convicted person under the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') be suspended during the pendency of appeal presented by him Answers given to the said question by different High Courts are in different tones. The question has now winched to the fore in this Court as the appellant did not succeed in getting the sentence (passed on him) suspended by the High Court though he moved for it on presentation of an appeal in challenge of the conviction and sentence. Section 32A of the Act, which was inserted by Act No. 2 of 1989 reads thus:

(3.) A plain reading of the above section is that it prohibits suspension of a sentence awarded under the Act except in the case of an offence under Section 27. To make the aforesaid meaning clearer the legislature has added a non-obstante limb to the Section to the effect that such prohibition is operative in spite of any other provision contained in the Code of Criminal Procedure, 1973 (for short 'the Code') or under any other law. But the impact of the aforesaid ban is sought to be diluted with the help of Section 36B of the Act which reads thus: