DINESHBHAI SOMABHAI PATEL Vs. I G PRISONS

JUDGEMENT

(1.) Rule. Learned Government Counsel Mr. Nigam Shukla waives the service of Rule for the respondents.

(2.) The present petition, upon a conjoint reading of the provisions contained under Sec. 32-A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'N.D.P.S. Act') and the Supreme Court pronouncement in the case of Maru Ram v. Union of India, AIR 1980 SC 2147, requires a complete recognition.

(3.) The undisputed facts are that , the petitioner Dineshbhai Patel, the prisoner, lodged at Central Jail, Sabarmati, Ahmedabad, came to be convicted for the offences punishable under N.D.P.S. Act, 1985 vide orders of conviction dated September 23, 1988. According to him, he is entitled to all the remissions which he has earned and that, if that is taken into consideration, the sentence awarded to him has become over and he should be out of the prison. This view being repeatedly canvassed by the petitioner is not being countenanced by the respondents, placing absolutely false reliance upon the provisions contained under Sec. 32-A of the N.D.P.S. Act, 1985. The say of the respondents appears to be that, under the said provisions of the Act, no sentence awarded under the Act be suspended or remitted or commuted.