SALIM MUHAMMED NAZIR Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is a Yemen national who was convicted and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1 lakh under S.28 read with S.23 and 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. Order was passed by the Addl. Sessions Court in S. C. 128 of 1988. Petitioner was arrested on 22.1.1988 and convicted on 28.3.1989, Petitioner has already undergone more than 8 years in the prison. According to petitioner, he is entitled to remission as per rules and on the basis of computation of remissions, and on payment of fine of Rs. 1 lakh, he would become entitled to be released from jail and set at liberty. Petitioner's request for remission was not acceded to by the respondents mainly on the basis of S.32A of the Act.

(2.) Question to be considered in this case is as to whether S.32A of the Act would apply to a case where the offence has been committed prior to 29.5.1989.

(3.) In Narcotic Drugs and Psychotropic Substances Act, 1985, as originally enacted, there was no provision prohibiting grant of suspension, remission or commutation of sentences. By Act 2 of 1989, S.32A was inserted providing that no sentence awarded under the Act (other than S.27) shall be suspended or remitted or commuted. S.32A is extracted below: