JEEVAN SINGH VERMA Vs. STATE OF M P

JUDGEMENT

(1.) INVOKING the extraordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India, the petitioner, the father of the convict, Jitendra, has prayed for issuance of an appropriate direction commanding the respondents to release his son as per the provisions of the Prisoners Act, 1900 (hereinafter referred to as 'the Act') for a period of one month.

(2.) THE facts as have been uncurtained are that the petitioner's son has been convicted of an offence under Section 20 (b) (i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act') and sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs. 40,000/ -.

(3.) AFTER serving the substantive sentence for a period of two years the petitioner applied for temporary release on the ground of his mother's illness under Section 31-A of the Act but the same has been rejected by the respondent No. 2, the District Magistrate, Narsinghpur, on the ground that there is possibility of the petitioner getting involved in the crimes of similar nature. It is urged in the petition that the respondent No. 2 has passed the impugned order on the basis of the report obtained from the Superintendent of Police, Narsinghpur, without verifying the antecedents of the petitioner and applying his mind.