NDPS sentence suspension barred by express statutory prohibition despite general appellate powers under the Criminal Procedure Code

Section 32A of the NDPS Act expressly bars suspension, remission, or commutation of any sentence under the Act, except for offences under Section 27, and its non obstante clause overrides the Code of Criminal Procedure and any other law. Section 36B only permits the High Court to exercise appellate powers under Chapters XXIX and XXX of the Code so far as applicable; it does not revive a power expressly withdrawn by statute. The provision was aimed at strengthening enforcement by preventing suspended sentences, and the bar applies to all courts. Accordingly, sentence under the Act cannot be suspended during appeal or otherwise, and the High Court has no power to do so under Section 36B.

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Issues: Whether the sentence imposed under the Narcotic Drugs and Psychotropic Substances Act, 1985 can be suspended pending appeal, and whether the High Court's powers under Section 36B preserve the power to suspend sentence despite Section 32A.

Analysis: Section 32A contains an express prohibition against suspension, remission, or commutation of any sentence awarded under the Act, except in relation to Section 27, and it operates notwithstanding anything contained in the Code of Criminal Procedure, 1973 or any other law. Section 36B merely permits the High Court to exercise the powers under Chapters XXIX and XXX of the Code so far as may be applicable; it does not override an express statutory bar. The non obstante clause in Section 32A prevails over the general procedural incorporation in Section 36B. The Court also held that the object of Section 32A was to strengthen the Act by preventing suspension of sentences and that the provision extends to all courts and also curtails the corresponding powers under the Code relating to suspension, remission, and commutation.

Conclusion: The sentence under the Act, except for offences under Section 27, cannot be suspended during appeal or otherwise, and the High Court has no power to suspend such sentence under Section 36B.

Ratio Decidendi: A specific statutory prohibition enacted with a non obstante clause overrides a general incorporative provision, and a court cannot exercise suspended-sentence powers where the legislature has expressly taken them away.

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