HORI LAL Vs. STATE

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India the petitioner has prayed for grant of parole for a period of three months. The petitioner stands convicted vide judgment dated 12th April, 1994 passed by Addl. Sessions Judge, Delhi for offences under the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short, NDPS Act) and has been sentenced to undergo R.I. for ten years and to pay fine of rupees one lakh. It is not clear from the petition whether the petitioner filed any appeal against the said judgment and if so what has been the fate of the appeal - whether it is pending or stands disposed of. The petition only mentions that the petitioner has been languishing in jail since 14th May, 1991.

(2.) Notice of the petition was issued to the State. Shri S.K.Aggarwal, the learned Standing Counsel for the State raised a preliminary objection regarding power of this Court to entertain the petition. This objection is based on Section 32-A of the NDPS Act. The section is reproduced here for ready reference :

(3.) Relying on the last part of the section Mr. Aggarwal urged that the sentence awarded to the petitioner in the present case cannot be suspended or remitted or commuted by any authority or court including this Court. It is contended that the offences covered under the NDPS Act are of a very serious nature and they arc heinous crimes against the society. Therefore the legislature has taken away all powers with respect to the suspension, remission, commutation of sentences of persons convicted under the said Act.