STATE OF RAJASTHAN Vs. MANA SINGH

JUDGEMENT

(1.) THIS group of State appeals are directed against the judgment of the learned Single Judge dated 19. 3. 2001.

(2.) THE respondent-petitioners are the convict under the Narcotic Drugs and Psychotropic Substance Act, 1985. THEy are undergoing the sentence awarded by the trial court. THEy have been denied parole under the Rajasthan Release of Prisoners on Parole Rules, 1958 (hereinafter referred to as "parole Rules") In view of the provisions of Section 32-A of the N. D. P. S. Act. THE learned Single Judge relying on the decision of the Apex Court in Dadu vs. State of Maharashtra (1), held as under:- " Considering the provisions of `the Rules' as they exist today and the law laid down by the Hon'ble Supreme Court in the case of Dadu vs. State of Maharashtra, this Court feels that there is no impediment feels that there is no impediment wherein it can be said that the petitioners cannot apply for grant of parole. "

(3.) IN para 29 of the judgment the court summed up its finding as follows:- (a) The section 32-A does not in any way affect the powers of the authorities to grant parole; (b) It is unconstitutional to the extent it takes away the right of the Court to suspend the sentence of a convict under the Act; (c) Nevertheless, a sentence awarded under the Act can be suspended by the appellate court only and strictly subject to the conditions spelt out in Section 37 of the Act as dealt with in this judgment.