Accused was convicted under section 9(c) of the Control of Narcotic Substances Act, 1997. Law and Parliamentary Affairs Department through letter No.OP:15-11/2023/5503 dated 28.09.2023, opined that the principle of grant of no remissions in sentence seems to be applicable in all cases from the date of insertion of the Amendment Act, 2022 notwithstanding anything contained in Prison Rules, 1978. Provisions of section 9(A) (1) of Amended Act, 2022 from their bare reading are prospective in nature and same cannot be given effect retrospectively by placing any sort of embargo on the right of a convict qua earning remissions who had been arrested, indicted and even convicted prior to insertion of section 9(A) (1) through Amendment Act, 2022. Superintendent Jail was directed to grant remissions to the convict in accordance with law and rules.
Writ Petition-Direction-Jail Authority16629-23IMRAN MUSTAFA VSGOP ETC Mr. Justice Shakil Ahmad 21-11-2023 2023 LHC 6047
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