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3. The petitioner has no where mentioned in the application that the applicant has preferred an appeal against the order of conviction or not, and if preferred, what is the stage of the appeal. This aspect being a very relevant aspect, the petitioner ought to have mentioned about it. The petitioner has mentioned in para [7] of the petition about the fact of not filing an application or appeal before any Court in the subject matter - meaning thereby in the matter of parole.

4. The applicant of Special Criminal Application No. 1082/94 who was convicted for offences punishable under the Narcotics Drugs & Psychotropic Substances Act [hereinafter referred to as `the NDPS Act'], has preferred this application for parole on humanitarian ground, namely to perform the ceremony which is observed by the Muslims after the death of a deceased. The applicant has stated in his application that on 11/7/94, he preferred an application, however, Collector orally informed that the applicant will have to move I.G. Prison and hence, on 17/4/94, an application was forwarded to I.G.P. but there was no reply from I.G.P. As there was no reply, the applicant moved this Court inter alia stating that his father expired on 9/7/1994 and for performing the after death ceremony, he should be released on parole. It is also relevant to note that the petitioner has no where stated in the application whether he has preferred an appeal against the order of conviction and sentence recorded against him for offences punishable under the NDPS Act or not?

Question No. 1 :

Re: Suspension of sentence of a convict undergoing sentence punishable under N.D.P.S. Act.

6. So far as the accused undergoing sentence for breach of provisions contained in the NDPS Act is concerned, the question was raised before the Division Bench, whether a convict can be released either on parole or furlough by the concerned authority under Parole & Furlough Rules after addition of section 32-A in the NDPS Act. The said section reads as under :-

32-A :: No suspension, remission or commutation in any sentence awarded under this Act :-

8. So far as the question No. 1 which pertains to release of a convict on parole or furlough, who is undergoing the sentence for offences punishable under the NDPS Act during pendency of the appeal against the conviction and sentence or thereafter is concerned, in view of language of section 32-A of the NDPS Act, the convict cannot be released on parole or furlough. The mandate of the legislature is that no sentence awarded under the NDPS Act shall be suspended, remitted or commuted and therefore, there is no question of releasing the convict on parole or furlough which would amount to suspension of sentence temporarily.

10. In case of Maktool Singh v/s State of Punjab, reported in [1999] 3 SCC 321, the Apex Court held that section 32-A of the NDPS Act has taken away the powers of the Court to suspend the sentence passed on persons convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985 [except the section 27] and sentence could not be suspended during the pendency of the appeal of such a convict.

11. In view of this decision, the question No. 1 must be answered in negative, by stating that the High Court has no power to suspend the sentence by grant of bail, parole or furlough to an accused convicted of an offence under the NDPS Act during pendency of the appeal against conviction and sentence or thereafter.