Case Note & Summary
The petitioners, Bandu Shivaji More, Prashant Krushandev Jadhav, and Satyawan Mahadev Suryavanshi, were convicted for offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) and sentenced to life imprisonment. They filed criminal writ petitions before the Bombay High Court seeking premature release after having served over 14 years of actual imprisonment. The petitioners argued that under the Maharashtra Government's remission policy dated 10.02.2010 and Section 433A of the Code of Criminal Procedure, 1973 (CrPC), they were entitled to consideration for premature release. The respondents, including the State of Maharashtra and the Directorate of Revenue Intelligence, opposed the petitions, contending that the NDPS Act has stringent provisions and that the petitioners' cases involved large quantities of contraband. The court analyzed the remission policy and Section 433A CrPC, noting that the policy applies to all life convicts regardless of the statute under which they were convicted. The court held that the continued detention of the petitioners beyond 14 years without consideration of their premature release was illegal and violative of Articles 14 and 21 of the Constitution. The court directed the respondents to consider the petitioners' cases for premature release within a specified period, subject to good conduct and other conditions. The petitions were allowed.
Headnote
A) Constitutional Law - Right to Life and Liberty - Article 21 - Premature Release - The court held that continued detention of life convicts beyond 14 years without considering their premature release under the applicable remission policy violates Article 21 of the Constitution of India. The state is obligated to consider remission applications in a reasonable time. (Paras 1-10) B) Criminal Procedure Code - Remission - Section 433A CrPC - The court interpreted Section 433A of the Code of Criminal Procedure, 1973, holding that it does not bar premature release after 14 years of actual imprisonment, but only sets a minimum. The state's remission policy must be applied to consider release. (Paras 11-20) C) Prisons - Remission Policy - Government Resolution dated 10.02.2010 - The court examined the Maharashtra Government's remission policy and held that life convicts who have completed 14 years of actual imprisonment are entitled to consideration for premature release, subject to good conduct and other conditions. (Paras 21-30)
Issue of Consideration
Whether the continued detention of the petitioners beyond 14 years of actual imprisonment, without consideration of their premature release under the applicable remission policy, is illegal and violative of Articles 14 and 21 of the Constitution.
Final Decision
The court allowed the petitions and directed the respondents to consider the petitioners' cases for premature release within a specified period, subject to good conduct and other conditions.
Law Points
- Premature release
- life imprisonment
- remission policy
- Section 433A CrPC
- Article 21
- Article 14
- constitutional validity
- executive power
- judicial review
- parole
- furlough
