ISHWARSINH M RAJPUT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In these petitions the question which requires determination is whether a person convicted under the Provisions of Narcotic Drugs & Psychotropic Substances Act 1985 (hereinafter referred to as the Narcotics Act) con be released either on parole or furlough by the concerned authority under Parole and Furlough Rules after addition of Sec. 32A in the Act ? Section 32A reads as under:

(2.) By granting parole or furlough the prisoner is released from the jail for a short time. It is granted for various reasons such as to enable the prisoner to return to the outside world to enable continuity with his family life and to deal with family material etc. If the prisoner is released on parole his sentence is suspended for the time being for the period for which he is released on parole. If he is released on furlough him sentence is suspended and remitted. However grant of percale or furlough is a concession given to the prisoner under the system known as Parole and Furlough Rules which are framed under the provisions of the Prisons Act 1894 The purpose and object of granting parole or furlough is to some extent considered by the Full Bench of this Court in the case of Bikhabhai v. State [1987 (2)] 28 GLR 1178. The relevant dissuasion is under. (at page No. 1183 of GLR) The Parole and furlough Rules are part of the penal and prison reform with a view to humanise the person system. These rules enable the prisoner to obtain his released to return no the outside world for a short prescribed period. the objects of such release prisoner can be read from para 101 of the report submitted by the All India Jail Manual Committee as also the objects mentioned In the Model Prison Manual. Those objects are :

(3.) In furtherance of the aforesaid objects necessary amendments were made in the Prisons Act 1894 Bombay Act 27 of 1951 and Bombay Act 23 of 1959 substituted clause (5) of Section 3 of the Prisons Act 1894 as under: