SANTOSH Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition the provisions of Section 32A, of the Narcotics Drugs and Psychotropic Substances Act, 1985 have been challenged.

(2.) The petitioner is the wife of Satya Narain who was convicted under Section 22 of the Act for 10 years Rigorous Imprisonment and a fine of Rs. one lac for the offence under NDPS Act. The appeal against the conviction has also been dismissed. Satya Narain was undergoing the sentence in Central Jail Sabarmati, Ahmedabad and thereafter he was transferred to Central Jail, Bikaner. He was kept in open air camp till 1996 and thereafter was sent back to Central Jail, Jodhpur. The grievance is that the provisions of Section 32A of the Act prohibits remission of sentence. It is ultra vires the provisions of Articles 14 and 21 of the Constitution of India as in respect of other offences under IPC., where punishment is of 10 years or more, the provisions of remission are applicable. Restricting the provisions by not granted the bail during trial or not to apply the provisions for suspension remission or commutation of sentence is stated to be against the object of the Act.

(3.) Reliance has been placed on the decision in the case of Ram Charan v. Union of India, Writ Petitions Nos. 1304/90 and 1391/90 decided on 5-3-1991 wherein the provisions of Section 32-A of the Act were declared ultra vires resulting in in-effective right of appeal of the accused. It is also stated that withdrawing the facility of open air jail is violative of the principles of natural justice.