NDPS - Whether Sec 32A is violative of Arts 14 & 21 of Constitution– Matter goes to SC Larger Bench
AS per Section 32A of the NDPS Act, No suspension, remission or commutation in any sentence awarded under the Act is permissible. Articles 72 and 161 of the Constitution empowers the President and the Governor of a State to grant pardons, reprieves, respites or remissions of punishments or to suspend, remit or commute the sentence of any person convicted of any offence against any law.
Now, is Section 32A of the NDPS Act violative of the Articles 14 and 21 of the Constitution of India as it creates unreasonable distinction between the prisoners convicted under the NDPS Act and the prisoners convicted for the offences punishable under various other statutes?
A Division Bench of the Supreme Court yesterday referred the matter to the Chief Justice to constitute a Larger Bench of three Judges or Five Judges to decide the issue.