JITENDER SINGH Vs. STATE OF HARYANA AND ORS

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/ period of parole and furlough and if the Petitioner has undergone the sentence awarded to him by the Court, after adding all remissions, paroles and furlough, 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 passed in Ekka Ram v. State of Punjab Crl.W.P. No. 839 of 2004, decided on 14.8.2005.

(2.) It is case of the Petitioner that he was convicted in FIR No. 188 dated 4.10.2000 under Section 15 of the NDPS Act, at Police Station Sadar, Tohana, District Fatehabad, by learned Additional Sessions Judge, Fatehabad, vide judgment dated 16.11.2002 and sentenced to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs. 1,00,000/-.

(3.) Reply has been filed by the Respondent-State.