PRABHAKAR SADASHIV PENURKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. By consent, rule is made returnable forthwith.

(2.) SMT. Usha Purohit who appears for the petitioner and also Shri Borulkar, learned P. P. have stated that the present case is covered by the decision of this Court in the case of (Fida Hussain Yusuf Ali v. State of Maharashtra) Cri. Writ Petition No. 1279 of 1995, decided by Shri Ashok Desai and M. L. Dudhat, JJ. , on 11th January, 1996. Petitioner in the instant case was arrested on 30th March, 1987 for the offence under NDPS Act. By the order passed on 22nd October, 1991 he was convicted and sentenced to suffer R. I. for 10 years and fine of Rs. 1. 00 lakh and in default to suffer further R. I. for one year. The aforesaid order of conviction and sentence was confirmed in appeal on 9th November, 1993. The petitioner has been under detention right from the date of his arrest i. e. 30th March 1987, till date. By the present petition, which has been submitted by the petitioner through jail, petitioner claims benefit of remission. This has been denied to him by the prison authorities pressing reliance on section 32-A of NDPS Act. The section 32-A reads as under :-

(3.) THE aforesaid provision has been introduced by way of amendment by Act 2 of 1989 and the same has come into force with effect from 29th May, 1989. In the aforesaid decision rendered in the case of Fida Hussain Yusuf Ali (supra) it has been held that the aforesaid amendment will apply to offences which have been committed after coming into force of the aforesaid provision of section 32-A i. e. with effect from 29th May 1989. Hence, insofar as offences which are committed prior to the aforesaid date are concerned the aforesaid provision will not be applicable. Consequently, the accused who has been convicted for the offence which has been committed prior to 29th May, 1989 will be entitled to the benefit of remission. The offence in the instant case has been committed prior to 29th May, 1989. Hence, petitioner cannot be deprived of the remission on the basis of the provision of section 32-A.