Case Note & Summary
The petitioner, mother of a convict named Saddam (CTP No.4426), filed a writ petition under Articles 226 and 227 of the Constitution of India before the Karnataka High Court, Dharwad Bench, seeking a writ of mandamus to direct the Chief Superintendent of Central Prison, Belagavi, to release her son on general parole for 90 days. The son had been convicted by the District and Sessions Judge, Bidar, in S.C.No.324/2018 under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The petitioner argued that the son was entitled to parole. The court, however, noted that Section 32A of the NDPS Act expressly bars the suspension, remission, or commutation of any sentence awarded under the Act, except as provided in Section 36B. The court reasoned that parole, being a form of suspension of sentence, falls within this prohibition. Consequently, the court dismissed the petition, holding that no relief could be granted in light of the statutory bar.
Headnote
A) Criminal Law - Parole - NDPS Act - Section 32A - Statutory Bar - The petitioner sought general parole for her son convicted under the NDPS Act. The court held that Section 32A of the NDPS Act imposes a complete bar on suspension, remission, or commutation of sentence, and parole being a form of suspension, cannot be granted. The petition was dismissed. (Para 3)
Issue of Consideration
Whether a convict under the Narcotic Drugs and Psychotropic Substances Act, 1985 can be granted general parole in light of the bar under Section 32A of the NDPS Act.
Final Decision
The writ petition is dismissed. No order as to costs.
Law Points
- Parole
- NDPS Act
- Section 32A
- statutory bar
- suspension of sentence
- remission
- writ of mandamus
Case Details
2020 LawText (KAR) (08) 36
WP No. 101912 of 2025 (GM-POLICE)
Sirajuddin Ahmed (for petitioner), Sharad V. Magadum (AGA for respondents)
Chotti Bee W/o. Syed Rasool
State of Karnataka, Chief Superintendent, Central Prison, Belagavi
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Nature of Litigation
Writ petition seeking general parole for a convict under NDPS Act.
Remedy Sought
Petitioner (mother of convict) sought direction to respondent No.2 to release her son Saddam on general parole for 90 days.
Filing Reason
Petitioner's son was convicted under NDPS Act and she sought his release on parole.
Previous Decisions
Convict was sentenced by District and Sessions Judge, Bidar in S.C.No.324/2018.
Issues
Whether general parole can be granted to a convict under NDPS Act in view of Section 32A bar.
Submissions/Arguments
Petitioner argued that her son should be released on general parole for 90 days.
Respondents opposed, citing Section 32A of NDPS Act which bars suspension or remission of sentence.
Ratio Decidendi
Section 32A of the NDPS Act imposes a complete bar on suspension, remission, or commutation of any sentence awarded under the Act, except as provided in Section 36B. Parole, being a form of suspension of sentence, cannot be granted to a convict under the NDPS Act.
Judgment Excerpts
Section 32A of the NDPS Act imposes a complete bar on suspension, remission or commutation of any sentence awarded under the Act, except as provided in Section 36B.
Parole being a form of suspension of sentence, the bar under Section 32A would apply.
Procedural History
The petitioner filed a writ petition under Articles 226 and 227 of the Constitution before the Karnataka High Court, Dharwad Bench, seeking general parole for her son convicted under NDPS Act. The petition was heard on preliminary hearing and dismissed.
Acts & Sections
- Narcotic Drugs and Psychotropic Substances Act, 1985: Section 32A, Section 36B
- Constitution of India: Articles 226, 227
