1997 CRI. L. J. 1356 ::1996 CriLR(SC MAH GUJ) 492 ::1997 (1) GujLH 1 ::1996 (2) GujLR 818 ::(1997) 2 EFR 81

Gujarat High Court

Hon'ble Judge(s): Sharad D. Dave , J

Narcotic Drugs and Psychotropic Substances Act (61 of 1985) , S.32A— Remission of sentence under - Is barred - Said provision, however, is not retrospective either by express provision or by necessary implication - Accused convicted for offences under Act prior to incorporation of provision of Section 32A - Is entitled to remissions while calculating period of sentence. Section 32A starts with a non-obstantate clause and says that, no sentence awarded under the NDPS Act, shall be suspended or remitted or commuted. The language employed, while drafting the provisions under Section 32A of the NDPS Act, 1985, does not say that the above said provisions are retrospective or retroactive in operation. A part of criminal Statute which either provides punishment or puts a bar on the early release of a prisoner cannot be accepted to be retrospective in operation in absence of express mandate. The provisions must be express in letter and spirit. This not being so, it cannot be urged that Section 32A of the Act of 1985 is retrospective or retroactive in operation. Neither expressly nor by necessary implication, the said provisions could be said to be retrospective or retroactive in operation. Thus where the accused came to be convicted for the offences under NDPS Act, 1985 before the incorporation of the provisions of Section 32A of the Act of 1989, he shall be entitle....