Criminal Misc. No. M-4804 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-4804 of 2011 Date of Decision: 31.03.2011. Sukhdev Singh ..Petitioner Versus The State of Punjab and others ..Respondents CORAM: HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. P.P.S. Duggal, Advocate, for the petitioner. Mr. Kirat Singh Sidhu, D.A.G., Punjab, for the respondents – State. NAWAB SINGH.J (ORAL) By filing this petition, petitioner has pleaded that he be granted remissions, for the period he remained confined in jail after conviction, as granted by State Government under Article 161 of Constitution of India. 2. By judgment dated October 25th, 1999 passed by Judge, Special Court, Ferozepur, Sukhdev Singh-petitioner was convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'N.D.P.S. Act') and was sentenced to undergo rigorous imprisonment for a period of 10 years and to pay fine of `1,00,000/- with default stipulation, in case bearing First Information Report No.50 dated April 3rd, 1998, Police Station Dharmkot, District Ferozepur. 3. State Government in its reply has stated that petitioner is not entitled to any remission, in view of order dated September 30th, 2010 of Government of Punjab, Department of Home Affairs and Justice (Jails Branch), whereby, no remission shall be granted to a person convicted under N.D.P.S. Act. 4. In Bhola Ram vs. State of Punjab and others (Criminal Writ Petition No.506 of 2007 decided on March 17th, 2011) Criminal Misc. No. M-4804 of 2011 2 a Division Bench of this Court has ruled that the aforesaid Policy of the Punjab Government is not retrospective but prospective in operation. 5. In view of this, State Government is directed to consider the case of the petitioner in the light of the judgment of this Court as well as Punjab Jail Manual in accordance with law within two months from the date of receipt of this order. (NAWAB SINGH) JUDGE 31.03.2011 neetu