Sec. 32(a) of Narcotics Act unconstitutional: SC

NEW DELHI, OCT. 13. In a major relief to persons convicted under the Narcotic Drugs and Psychotropic Substances Act, the Supreme Court has held Section 32(a) of the act to be unconstitutional to the extent it barred courts from suspending the sentence.

Upholding arguments on behalf of an accused Jiti, a bench comprising Mr. Justice K.T. Thomas, Mr. Justice R.P. Sethi and Mr. Justice S.N. Variava said ``Section 32(a) is unconstitutional to the extent it takes away the right of the court to suspend the sentence of a convict under the act.'' Justice Sethi, writing the judgement for the bench, also said that section 32(a) did not in any way affect the powers of the authorities to grant parole to the convict.

He said, ``It is clear that parole did not amount to the suspension, remission or commutation of sentence which could be withheld under the garb of Section 32(a) of the act.'' Justice Sethi said in the absence of the right of suspending a sentence, the right of appeal conferred upon the accused was termed to be a right of infructuous appeal.

As judicial review was the heart and soul of the legal system, ``the section, so far as it completely debars the appellate courts from the power to suspend the sentence awarded to a convict under the act, cannot stand the test of constitutionality,'' he said.

However, the bench, despite holding Section 32(a) partially unconstitutional, said ``the section, in so far as it takes away the right of the executive to suspend, remit and commute the sentence, is valid.''

Coming to the appellate court's power to suspend a sentence, Justice Sethi said a sentence awarded under the act ``can be suspended by the appellate court only and strictly subject to the conditions spelt out in Section 37 of the act.'' However, he said the declaration of the Section 32(a) to be unconstitutional, in so far as it affects the functioning of the courts in the country, would not render the whole of the section invalid.

- PTI

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