The court rejected the petition for remission as the petitioner, convicted under the NDPS Act, is excluded from a state policy allowing remission for prisoners of a certain age.
Petition for remission rejected as petitioner is excluded from benefit due to conviction under NDPS Act.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Nalawade
1-wp-606-19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 606 OF 2019
Shaikh Mohd. Sabbir Bhikan Shaikh vs.
...Petitioner.
The State of Maharashtra
...Respondent.
Mr. Amol L. Dhumal for the Petitioner. Ms. M.H.Mhatre, APP. for the State.
CORAM : B.P.DHARMADHIKARI & MRS. SWAPNA S. JOSHI, JJ. DATE : 06th June, 2019
PC :
without deciding age of petitioner impugned order denying him benefit of remission has been passed. Learned APP states that remission is allowed to prisoners who are infirm or unwell provided they have completed 65 years of age. Burden was upon the petitioner to prove the age and other ingredients. She invites our attention to Circular dated 10.1.2006 to show
that convicts like present petitioner under NDPS Act are excluded from its operation.
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Nalawade
1-wp-606-19.doc
Hence, rejected.
(MRS. SWAPNA S. JOSHI, J.)
( B.P.DHARMADHIKARI, J.)
Page-2/2
1 issue framed by the court
Whether the petitioner is eligible for remission considering the policy decision dated 10.1.2006 regarding NDPS Act convicts.
2 provisions across 2 enactments
Shaikh Mohd. Sabbir Bhikan Shaikh
The State of Maharashtra
B.P. DHARMADHIKARI
SWAPNA S. JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
