Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A, 21, Criminal Procedure Code, 1973, Section 432, 433 -- Conviction u/s 21 of NDPS Act and accused sentenced to 12 years RI - Accused served sentence of more than 12 years including remissions granted by Government u/ss 432 & 433 Cr.P.C. - Held, accused is not entitled to release - Benefit of remission cannot..........
Criminal Procedure Code, 1973, Section 432, Constitution of India, 1950, Article 161, 163(1) -- Application for remission submitted by convict without entering portals of prison even for a day in pursuance to sentence imposed - Application entertained by Govt. without calling for opinion of presiding Judge who confirmed conviction - File circulated to Governor without the..........
Criminal Procedure Code, 1973, Section 432, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A -- Remission - Conviction under NDPS Act - Accused sentenced to 10 years RI - Accused seeking pre-mature release on the basis of order of remission passed by Governor of state under Section 432 of CrPC - Under Section 32-A of NDPS Act, no sentence can be suspended,..........
Criminal Procedure Code, 1973, Section 432, 433A -- Bihar Jail Manual, R.529(1) - Petitioner 64 years of age and sentenced to life imprisonment - Petitioner having undergone 11 years of imprisonment sought pre-mature release on the ground that she is suffering from heart blockage and other serious ailments - Nothing to indicate that she was suffering from terminal disease..........
Criminal Procedure Code, 1973, Section 432, 433, 433A, Constitution of India, 1950, Article 72, 161 -- Remission of sentence - Power of President/Governor of State to grant - Act of remission does not undo what has been done judicially - The punishment awarded through judgment is not overruled - Convict only gets benefit of liberalized policy of State of pardon - This..........
Constitution of India, 1950, Article 227, Criminal Procedure Code, 1973, Section 432, 433, 477 -- Rule 131 - Remission of sentence - Reference to government by Sessions Judge - Whether reference can be made pre or post sentence in a case of infanticide - Held, in case of infanticide, in which a woman is convicted of murder of her child/children, the reference under Rule..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 433, 433A, 432 -- Death sentence commuted to life imprisonment - Accused serving 17 years imprisonment out of which 14 years actual and 3 years remission - Seeking premature release - Not a fit case to release accused on completion of 14 years of imprisonment - Case for premature release may be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A, Criminal Procedure Code, 1973, Section 432, 433 -- Conviction under NDPS Act - Suspension, remittance and commutation of sentence - Constitutional validity of S.32-A of NDPS Act - Held, constitutional validity of S.32-A of NDPS Act 1985, insofar it takes away right of executive to suspend, remit and commute..........
Criminal Procedure Code, 1973, Section 432 -- Remission of sentence - On occasion of Independence Day, under the orders of Govt., special remission granted to life prisoners who have undergone sentence actual of 7 years and total 10 years - Petitioner fulfilled conditions, but denied benefit of order on the ground that he was originally awarded sentence of death, though..........
Constitution of India, 1950, Article 161, 19, 21, Criminal Procedure Code, 1973, Section 432 -- Remission of sentence - Revocation thereof - Legality of - Held, once remission granted by virtue of Art.161 of the Constitution by State Government on occasion of Republic Day and entered in history sheet of convict, cannot be revoked later on u/s 432 Cr.P.C. by department of..........
