BUDH SINGH versus STATE OF HARYANA AND ANR.

BUDH SINGH versus STATE OF HARYANA AND ANR.

Section 32A of the NDPS Act does not violate Articles 14, 20(1), or 21 of the Constitution. The exclusion of remission under Section 32A neither enlarges the period of incarceration nor increases the punishment for a convict beyond what was contemplated by the Act at the time of the offence. Remissions do not operate as reduction of judicially imposed sentences.

Parties
Petitioner: Budh Singh; Respondents: State of Haryana and Anr.
Jurisdiction
India
Judgment Date
11 March 2013
Procedural Posture
Writ Petition (criminal) No. 15 of 2012 / Final Judgment
Outcome
Writ petition dismissed
Legal Topics
Narcotic Drugs and Psychotropic Substances Act, 1985, Remission of Sentences, Constitutional Validity, Article 20(1), Article 14, Article 21
Criminal Law Constitutional Law Narcotic Drugs and Psychotropic Substances Act, 1985 Remission of Sentences Constitutional Validity Article 20(1) Article 14 Article 21

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Parties

Budh Singh

Petitioner

State of Haryana and Anr.

Respondents

Procedural Posture

Writ Petition (criminal) No. 15 of 2012 / Final Judgment

Legal Issues

  1. 1 Whether Section 32A of the NDPS Act violates Articles 14, 20(1), and 21 of the Constitution
  2. 2 Whether exclusion of remission enlarges the period of incarceration beyond what was contemplated at the time of commission of the offence
  3. 3 Whether remission operates as reduction of sentence

Ratio Decidendi

Section 32A of the NDPS Act does not violate Articles 14, 20(1), or 21 of the Constitution. The exclusion of remission under Section 32A neither enlarges the period of incarceration nor increases the punishment for a convict beyond what was contemplated by the Act at the time of the offence. Remissions do not operate as reduction of judicially imposed sentences.

Court Disposition

Writ petition dismissed

Orders

  • Writ petition dismissed