IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Writ Petition No. 1320 of 2010 Date of Decision : August 03, 2010 Nachhattar Singh ....Petitioner Versus State of Punjab and others .....Respondents CORAM : HON'BLE MR. JUSTICE T.P.S. MANN Present : Ms. Bhupinder Pal Kaur Brar, Advocate Mr. P.S. Sidhu, Additional Advocate General, Punjab T.P.S. MANN, J. (Oral) This petition has been filed by a convict under the Narcotic Drugs and Psychotropic Substances Act, hereinafter referred to as 'the Act', for directing the jail authorities to grant him remission under the various notifications issued by the Governor of Punjab under Article 161 of the Constitution of India. It is the case of the petitioner that in spite of the embargo created under Section 32-A of the Act, the remission granted by the Governor of State in exercise of the power under Article 161 of the Constitution of India will be available to the convicts under the Act. In support of his contention, counsel relies upon two judgments of this Court, i.e. Ekka Ram V State of Punjab in Criminal Writ Petition No. 839 of Crl. Writ Petition No. 1320 of 2010 -2- 2004 decided on 14.9.2005 and Baldev Singh V State of Punjab in Criminal Writ Petition No. 79 of 2005 decided on 1.3.2005. Against the judgment passed by this Court in Ekka Ram V State of Punjab, the State of Punjab has filed an SLP, which is pending before the Hon'ble Supreme Court. While referring to the decision of the Hon'ble Supreme Court in G.V.Ramanaiah V Superintendent of Central Jail, Rajahmundry and others, AIR 1974 SC 31, counsel for the respondent-State argued that the aforesaid two judgments of this Court, i.e. Ekka Ram V State of Punjab in Criminal Writ Petition No. 839 of 2004 decided on 14.9.2005 and Baldev Singh V State of Punjab in Criminal Writ Petition No. 79 of 2005, decided on 1.3.2005 require reconsideration. Learned counsel submits that the offences under the Act relate to the matters which are exclusively within the competence of the Union Legislature, therefore, for the offences committed under this Act only the President of India can grant remission in exercise of the executive powers of the Union under Article 72 of the Constitution of India. Since the matter is pending adjudication before the Hon'ble Supreme Court, I deem it appropriate to adjourn the case sine die to await the decision of the SLP. However, counsel for the petitioner pointed out the urgency in the matter. She argued that the convict has already undergone to an extent Crl. Writ Petition No. 1320 of 2010 -3- that if the disputed remissions are added then he becomes entitled for release and if in that situation the decision comes after some time then his petition will become infructuous as by that time he will be released even without remission. Keeping in view these facts, it is ordered that in the meanwhile, the petitioner be temporarily released if he fulfills the following terms and conditions:- (i) Before releasing the petitioner, the concerned Superintendent of Jail will verify the period undergone by the convict and the remissions granted under Article 161 of the Constitution of India and that if after subtracting the period on parole, the convict has undergone the sentence awarded by the Court, he shall be released temporarily on bail to the satisfaction of the Chief Judicial Magistrate, Moga, during the pendency of Special Leave Petition filed by State of Punjab in case of Ekka Ram (SLP (Crl.) No. 2496 of 2006) arising from the final judgment and order dated 14.9.2005 passed in Criminal Writ Petition No. 839 of 2004. The convict will be granted the benefit of remission as per the circulars issued by the Governor of Punjab under Article 161, after his conviction. (ii) The petitioner will remain on bail during the pendency of S.L.P. (Crl.) No. 2496 of 2006 in the Hon'ble Supreme Court. If as per the judgment of the Supreme Court, benefit of remission under Crl. Writ Petition No. 1320 of 2010 -4- Article 161 is not granted, the convict will surrender back in jail for undergoing the unexpired period of sentence. (iii) At the time of release on bail, the petitioner will give an undertaking that he will not leave the country without prior permission of the Court and will keep peace and will continue informing the Chief Judicial Magistrate, Moga his residential address from time to time. ( T.P.S. MANN ) August 03, 2010 JUDGE ajay-1