RAM CHARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) S. H. A. Raza, J. Invoking the jurisdiction of this Court under Article 226 of the Constitution of India, the petitioners of both the above writ petitions have challenged the vires of the provisions of Section 32-A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) which reads as under: "32-A. No suspension, remission or commutation in any sentence awarded under this Act.- Not withstanding anything contained in the Code of Criminal Procedure, 1973, (2 of 1974) or any other law for the time being in force but subject to the provisions of Section 33, no sentence awarded under this Act (other than Section 27) shall be suspended or remitted or commuted. "

(2.) BY means of the aforesaid provision which was substituted in the aforesaid Act by Act No. 2 of 1989 on 6th January, 1989 after conviction of an accused, under any of the provisions of the Act during pendency of appeal, the power of the Court to suspend, remit or commute the sentence was taken away.

(3.) AS in the aforesaid writ petition the vires of Section 2-A was challenged, notice was issued to Attorney General of India. A counter-affidavit has been filed in one of the writ petitions and Mr. D. S. Randhawa, Chief Standing Counsel, submitted that the counter-af fidavit filed in one writ petition be also treated as counter-affidavit in the other writ petition.