LAJJARAM RAMSWAROOP GUPTA Vs. I G PRISON

JUDGEMENT

(1.) The short question which has been presented before this Court is whether Sec. 32-A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') would apply to a case where the offence has been committed before 29th May, 1989 from which date the said provision of Sec. 32-A came into operation as newly added in the NDPS Act by Sec. 10 of Act No. 2 of 1989.

(2.) In so far as Special Criminal Application No. 1175 of 1996 is concerned it has been alleged that the offences was committed before 21st February, 1988, but the Judgement and order of conviction and sentence was rendered on 28th November, 1989; that is to say, after 29th May, 1989. In Special Criminal Application No. 101 of 1997 the offence was committed prior to 26th September, 1987, but the prisoner was convicted and sentenced by "Judgment and order dated 11th May, 1990, that is to say, after 29th May, 1989. In Special Criminal Application No. 1061 of 1996 the offence was committed before 28th February, 1989, but the prisoner was convicted and sentenced by Judgment and order dated 12th June, 1991, that is to say after 29th May, 1989. In Special Criminal No. 473 of 1997 the date of offence is prior to 6th August 1986, whereas the date of conviction and sentence is 2nd June, 1990, that is to say, after 29th May, 1989.

(3.) In the background of the aforesaid brief facts the common submissions made on behalf of the petitioners is that the remissions which were available to the offenders under Jhe NDPS Act prior to the insertion of Sec. 32-A in the said Act should be made available to the prisoners who are the petitioners before this Court since in their case the offence was committed prior to 29th May, 1989 when Sec. 32-A came to be in operation as newly . added in the NDPS Act. In reply it has been submitted that this Court has already held in different matters that newly added provision of Sec. 32-A of the NDPS Act is prospective in operation and the benefit of remissions cannot be extended to the cases where the conviction and sentence came to be imposed by the Trial Court after 29th May, 1989, the date 'from which the newly added Sec. 32-A has come into operation. It was further contended by Mr. D.N. Patel, learned APP that suspension, remission or commutation comes into operation only upon or after conviction and not prior thereto and therefore also applicability of Sec. 32-A of the NDPS Act is to be determined with reference to date of conviction. Thus, in these petitions the modality or the mechanism of prospective operation of Sec. 32-A of the NDPS Act is required to be laid down.