RANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition filed under Article 226 of the Constitution of India is for issuance of direction to the Respondents to allow release of Petitioner on parole under Section 3(1)(d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (hereinafter to be referred as the Act').

(2.) I have heard learned Counsel for the parties and have gone through the whole record carefully.

(3.) Admitted facts are that Petitioner has been under-going sentence of ten years in FIR No. 54 dated 7.5.1994, under Section 18 of the NDPS Act. Petitioner had applied for grant of four weeks parole to Respondent No. 2, i.e., Superintendent, Central Jail, Amritsar, who recommended the same to District Magistrate, Amritsar, as Petitioner was entitled as per the Rules for parole. However, District Magistrate did not recommend his release on parole on the plea that Petitioner was in jail for a few months only and hence period of sentence undergone was less. It has also been mentioned in the order passed by District Magistrate, Amritsar, Annexure R1, that respectables of the village have also taken responsibility for his release on parole. Hence, on the basis of this report of District Magistrate, the request of Petitioner for release on parole has been declined by the competent authority, i.e., Director General of Police, Punjab, vide Annexure R-2.