KRISHNAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 22.2.2007 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Misc. No. 63845-M of 2006, wherein the High Court has upheld the validity of the letter dated 28.6.2006 issued by the Deputy Inspector General of Prisons, Haryana, giving effect to the provisions of Section 32-A of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act').

(2.) The High Court referring to various provisions of the Punjab Jail Manual held that the appellants are not entitled to any remission in view of the provisions of Section 32-A of NDPS Act. Section 32-A of the NDPS is reproduced herein as under:

(3.) The High Court has held that legal provisions concerning remission are governed by the statutory provisions as laid down in Punjab Jail Manual rather than under Article 161 of the Constitution of India. The provisions of Section 32-A of NDPS Act would have overriding effect, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.'), or any other law for the time being in force. Thus, the appellants were not entitled for the relief sought by them.