WAISUDDIN Vs. STATE

JUDGEMENT

(1.) In Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') as originally enacted there was no provision prohibiting grant of suspension, remission or commution p73of sentences. By Act No.2 of 1989, Section 32-A was inserted in the Act,inter-alia, providing that no sentence awarded under the Act (other than Section 27) shall be suspended or remitted or commuted. Section 32-A came into force with effect from 29th May, 1989. It reads as under:-

(2.) The question for determination is whether Section 32-A would apply to a case where offence has been committed before 29th May, 1989.

(3.) The petitioner says that by orders passed on 26th February 1987 by learned Additional Sessions Judge, he was sentenced to rigorous imprisonment for 10 years and a fine of Rs.1 lakh and in case of default of payment of fine, he has been ordered to suffer further rigorous imprisonment for two and half years and that his appeal has been dismissed. It is, however, claimed that Special Leave Petition is pending determination in the Supreme Court of India. The petitioner who is undergoing imprisonment in jail claims that he is entitled to grant of remission's per rules and on the basis of computation of remissions, on payment of fine of Rs.l lakh, he would become entitled to be released from jail and set at liberty with effect from 8th November, 1993. The petitioner says that he is prepared to deposit the amount of fine immediately if remissions are given effect to and the same is communicated to him.