HAKIMUDEEN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Section 482 of the Code of Criminal Procedure (hereinafter to be referred as 'Cr.P.C.') to release the petitioner prematurely after issuing directions to respondent No. 2 to verify the period undergone by the petitioner, who is a convict under Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as 'NDPS Act'), including remissions, granted under paras 633-A, 639, 644 of Punjab Jail Manual and under Article 161 of the Constitution of India and if after subtracting the period of parole, he has undergone the sentence awarded by the Court, he be released temporarily on bail to the satisfaction of the concerned Chief Judicial Magistrate during the pendency of Special Leave Petition against the order of this Court, which is subjudice before Hon'ble Supreme Court with further prayer for issuance of direction to release the petitioner prematurely, as he has already completed seven years of actual sentence and with remissions more than twelve years of sentence.

(2.) It is case of the petitioner that he was convicted in FIR No. 312 dated 29.7.2002 under Section 20 of the NDPS Act, at Police Station chandni Bagh, District Panipat, by learned Special Judge, Panipat, vide judgment dated 28.7.2005 and sentenced to undergo rigorous imprisonment for a period twenty years and to pay fine of Rs. 5,00,000/-. However, the awarded sentence was reduced from twenty years to ten years by this Court vide order dated 20.2.2009, passed in Criminal Appeal bearing No. 696-DB of 2005.

(3.) Petitioner had maintained good conduct in jail while undergoing sentence and hence he had been given remissions as per notification issued by the Government of Haryana from time to time and hence, he has undergone seven years of actual sentence and more than twelve years including remissions.