JYOTIBEN RAMLAL PUROHIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . A Division Bench of this Court (Coram : M. B. Shah & B. C. Patel, JJ.) referred this matter to a larger Bench as in the view of the Division Bench, the convict under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) cannot be released on parol or bail and consideration of sympathy cannot be permitted to overshadow the consideration regarding security of the Society. Considering the law as discussed in the order of the Division Bench passed on 20th July 1995, it was not possible for the Division Bench to agree with the view expressed by another Division Bench of this Court (Coram : C. K. Thakker and S. M. Soni, JJ.) in the judgment and order passed on 7th March 1995 in Misc. Criminal Application No. 791 of 1995 in Criminal Appeal No. 4 of 1994. For deciding the controversy in question, office was directed to place the matter before the learned Chief Justice for placing it before a larger Bench and as directed by the learned Chief Justice, the matter is placed before this Bench.

(2.) . Convict Ramlal Gallaji Purohit was sentenced to undergo 10 years rigorous imprisonment and fine of Rs. 1 lakh, in default of payment of fine further rigorous imprisonment for one year against which he has preferred Criminal Appeal No. 969 of 1995. Pending the appeal, the convict preferred an application for temporary bail. Learned single Judge, (M. S. Parikh, J.) on 2nd June 1995 released the convict on bail with a direction to report at Ellis Bridge Police Station on 5th and 6th June 1995. Considering the fact that the prisoner's mother was required to be operated, the convict was released temporarily. Thereafter, Misc. Criminal Application No. 1886 of 1995 was preferred by the prisoner and considering the facts and circumstances, a Division Bench of this Court (Coram: B.C. Patel and M. R. Calla, JJ.), released the convict-prisoner on bail for a period of one month with a condition that he shall report to Ellis Bridge Police Station once in a week.

(3.) . As the mother of the convict expired on 11-7-1995, on behalf of the convict, his wife preferred an application inter alia contending that the convict is the only son and he has to perform the after-death ceremonies and hence he may be continued on bail for a period of 30 days more. Along with the said application, the cremation certificate of Pyariben, the deceased mother of the convict was also produced. It was also pointed out that the wife of the convict and the deceased mother of the convict were staying together in one house and there is none else to look after. On account of the peculiar circumstances, the Division Bench directed the jail authorities to take the convict with police escort at his house for one or two days, i.e., on 22/23 July 1995 for performing the after-death ceremony of his deceased mother.