grant of bail under Section 37 of the
Narcotics and Psychotropic Substances Act, 1985 („ NDPS Act ‟ for
short) are not satisfied ... Act , a special enactment
incorporating stringent provisions for the control and punishment of
crimes relating to narcotics and psychotropic substances, incorporate
particular
person convicted under Sections 21/29 of the
Narcotics and Psychotropic Substances Act, 1988 (NDPS Act ) and sentenced
to a long ... Act , referred to the United Nations Conventions
Against Illicit Traffic in Narcotics and Psychotropic Substances, 1988 and
held that Section 32A of the NDPS
there is a remark that 'persons who are involved in narcotic drugs are instrumental in causing death or in inflicting death-blow ... Section 32A of the NDPS Act which relates to parole post sentencing, concluded that the said provision was unconstitutional because
exclude certain
nature of cases under the Special Acts like POCSO,
MCOCA, PC Act, NDPS, PMLA, UAPA, Terror related
Cases, Rape ... exclude certain nature of cases under the
Special Acts like POCSO, MCOCA, PC Act, NDPS, PMLA, UAPA,
Terror related Cases, Rape
petition to seek a
declaration that Section 32A of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (NDPS Act ... provisions of the Act. Such rule making power cannot
supplant the provisions contained in the DP Act . Pertinently, in the DP Act,
there
convict can claim if he satisfies the
requirement of the Act and the Rules. Parole is granted to meet certain
emergencies whereas furlough accrues ... NDPS Act prohibits
the grant of remission to a convict for an offence under NDPS Act except
illicit traffic in narcotic drugs, on his release on bail.
20. Even though prosecution proceedings under Narcotic Drugs and Psychotropic Substances Act ... narcotic drugs, in future.
23. While passing the detention order under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act
order dated 31.01.2020 rejecting the petitioner's
representation for grant of parole and to seek a direction in the nature of
mandamus ... NDPS Act would not come in the way of granting parole to
petitioner. The issue raised in present petition was never
undergoing sentence in case under NDPS Act . The
convicts under NDPS Act are not entitled for remissions ... suspend the sentence of a convict under
the Act.
iii) Nevertheless, a sentence awarded under the Act can be
suspended by the appellate court only
JAIN, J. (ORAL)
This is a petition for grant of parole in order to enable the
petitioner to file a Special Leave Petition before ... 2001 registered under Section 21 of NDPS Act read with
Section 29 thereof. The appeal filed by him has been dismissed
