Criminal Writ Petition No.1296 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Writ Petition No.1296 of 2011 Date of Decision : 29th August, 2011 Sukhdev Singh .... Petitioner Versus State of Punjab & others .... Respondents CORAM : HON'BLE MR. JUSTICE L. N. MITTAL. Present: Mr. P. P. S. Duggal, Advocate for the petitioner. Mr. Shilesh Gupta, Deputy Advocate General, Punjab. * * * * L.N.MITTAL, J. (ORAL) Sukhdev Singh a convict under Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the 'Act') has filed the instant criminal writ petition under Article 226 of the Constitution of India, claiming benefit of remissions granted by State of Punjab under Article 161 of the Constitution of India. Stand of the respondents is that remissions granted by State of Punjab do not apply to the convicts under the Act. I have heard learned counsel for the parties and perused the case file. State of Punjab issued order dated 30.09.2010 that no remissions shall be granted to convicts under the Act. However, the said order cannot operate retrospectively but will operate prospectively. Remission stand granted before the passing of the said order would not affect the orders passed under the Act also if they are not excluded by the orders of the remission. Here it may be mentioned that in some order Criminal Writ Petition No.1296 of 2011 -2- of the remissions effected under the Act were include. Obviously the petitioner would not be entitled to benefit of those remissions. However, the petitioner shall be entitled to benefit of other remissions, which do not exclude the facts under the Act from the benefit thereof. In this view, I am supported by judgment dated 25.07.2011 passed by this Court in Criminal Writ Petition No.768 of 2005, Ajaib Singh versus State of Punjab and others. In view of the aforesaid, the instant writ petition is disposed of in terms of judgment in the case of Ajaib Singh (supra). However the exercise qua the petitioner shall be completed within two months from the date of receipt of certified copy of the order. ( L. N. MITTAL ) JUDGE 29th August, 2011 'raj'