SAYYADALI NURMOHAMMED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE . The learned A.P.P. waives service of rule. The petitioner convict has through jail filed this petition and prayed that he may be released from the prison as the respondent authority has not considered the remission earned by him while computing the period undergone. In the petition the petitioner has narrated details about sentence imposed on him under the provisions of the Narcotic Drugs & Psychotropic Substance Act. As per the sentence imposed on the petitioner, the petitioner is ordered to suffer R.I. for ten years and a fine of Rs.1 lakh and in default of non-payment of fine the petitioner accused was required to undergo R.I. for one year.

(2.) IT is the case of the prisoner that he has completed his sentence including the non-payment of fine of considering all remissions earned by him. While giving details the petitioner prisoner has stated that he has completed his actual sentence of 8 years 5 months and 14 days and considering the remission and special remission declared by the State Government on the eve of the golden jubilee year, he has earned total period of remission of 2 years 10 months and 11 days and adding this remission, he has completed the total sentence of 11 years 3 months and 25 days. It is his case that considering this period, the petitioner has completed and undergone the sentence including the sentence provided on default clause about non-payment of fine. It is the case of the prisoner that the respondent State as well as the jail authority has denied the grant of remission on the ground that he is the convict for the offence under the N.D.P.S. Act. As per the details furnished by him, he was arrested on 9-1-1986 and thereafter in the trial he was convicted by the competent court.

(3.) ALONGWITH the petition certain documents viz. the statement of the Superintendent, Nasik Road Central Prison, giving details about the prisoner about his arrest as well as the details about conviction recorded by the competent court under the N.D.P.S. Act and the circular issued by the I.G., Prison, dated 31-3-1995 and letter dated 6-10-1996 received by the Desk Officer, Home Department, Maharashtra. From the details furnished by the Superintendent it is very clear that the prisoner was under-trial prisoner from 9-1-1986 to 24-1-1986 for about 14 days and further from March, 1989 to 19-4-1993 i.e. upto the date of judgment he was under-trial prisoner for about four years and after the sentence imposed on him and calculating the period upto 19-1-1997 the accused has undergone sentence of 8 years 5 months and 14 days. It is the case of the prisoner that he is entitled for remission as provided under the Code of Criminal Procedure and as per the details furnished earlier, the petitioner accused has undergone sentence of 11 years 3 months and 25 days.