PREM SINGH Vs. STATE OF HARYANA & ORS

JUDGEMENT

(1.) Challenge in this petition is to order dated 18.2.2003 (Annexure P-1) and subsequent proceedings initiated for recovery of fine of Rs. 1 lac, which was imposed upon the petitioner while convicting him under the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') by Additional Sessions Judge, Hisar.

(2.) Pursuant to order/notice (Annexure P-1), recovery of Rs. 1 lac has been made from Virender Singh son of Dhoop Singh, resident of Village Nehla, Tehsil and District Fatehabad, by sale and auction of agricultural land of the petitioner. The amount so recovered has been deposited in Government Treasury by Naib Tehsildar, Hisar, on 18.10.2010. Criminal Misc. No.M- 31239 of 2010 2 Counsel for the petitioner has referred to order dated 20.3.2009 (Annexure P-6) passed by this Court, whereby the petitioner was ordered to be released prematurely subject to the outcome of the SLP filed in the case of Ekka Ram viz. SLP (Criminal) No.2496 of 2006 arising from final judgment and order dated 14.9.2005, passed in CWP 839 of 2004, pending in the Supreme Court. The issue in the SLP was whether remission can be granted under Para 633-A of the Punjab Jail Manual to a convict under the Act. In the State of Haryana, the benefit granted under the Punjab Jail Manual was withdrawn in compliance of letter dated 28.6.2006 issued by the Director of Prisons, Haryana.

(3.) The issue whether the embargo enshrined in Section 32-A of the Act affects the jurisdictional powers of the Governor of a State to grant remission in exercise of powers under Article 161 of the Constitution of India is pending before the Supreme Court in Ekka Ram's case. At the time of release, the petitioner was to give an undertaking that he will not leave the country without permission of the Court and if as per the judgment of Supreme Court, he is not entitled to remission granted under Article 161 of the Constitution of India, he will surrender back in jail.