GULLAB HASAN QURESHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE.

(2.) BY consent,rule made returnable forthwith and heard both the learned counsel: Shri Toraskar Advocate appointed for the petitioner and Smt. Tahilramani, Public Prosecutor for the State.

(3.) SECTION 32-A of the N. D. P. S. Act reads as under: " 32-A: No suspension, remission or commutation in any sentence awarded under this Act: Notwithstanding 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 sec. 33 no sentence awarded under this Act (other than Sec. 27) shall be suspended or remitted or commuted. Admittedly, the petitioner has not been convicted and sentenced under sec. 27 of the N. D. P. S. Act and there is no question of the benefit of the provisions of the Probation of Offenders Act, 1958 nor of the provisions of sec. 360 of the Code of Criminal Procedure 1973. Where a person who is under 18 years of age, has been convicted and is punished under sec. 26 or 27 of the N. D. P. S. Act that an exception could be made. SECTION 33 of the N. D. P. S. Act reads as under: "33.Application of Sec. 360 of the Code of Criminal Procedure 1973 and of the Probation of Offenders Act, 1958:- Nothing contained in Sec. 360 of the Code of Criminal Procedure, 1973 (2 of 1974), or in the Probation of Offenders Act, 1958 (20 of 1958), shall apply to a person convicted of an offence under this Act unless such person is under eighteen years of age or that the offence for which such person is convicted is punishable under Sec. 26 or Sec. 27" Since we are not concerned with a case of conviction under section 26 of the N. D. P. S. Act, we need not elaborate this point any further.