(1.) By the above petition, the petitioner who is a prisoner, has challenged the validity of Section 32-A of The Narcotic Drugs and Psychotropic Substances Act, 1985 ("NDPS Act" for short) and has further prayed for a declaration that prisoners convicted under NDPS Act are entitled for remission and furlough leave.
(2.) The petitioner was convicted under NDPS Act and was sentenced to suffer R.I. for a period of 10 years and to pay fine of Rs.l lac and in default of payment of fine, further R.I. for 3 months. According to the petitioner, he has undergone 9 years of imprisonment and is entitled to claim remission of sentence, however, section 32-A bars remission for any sentences awarded under NDPS Act 1985. It is the case of the petitioner that section 32-A of NDPS Act violates his fundamental rights enshrined under Articles 14 and 21 of the Constitution of India inasmuch as it creates unreasonable distinction between prisoners convicted for the offences under NDPS Act and the prisoners convicted for the offences under various other statutes.
(3.) We have heard learned Counsel for the petitioner and learned APP for the State.