SHAMPY SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The hearing of this petition has been taken up through video conferencing on account of outbreak of novel corona virus. The petitioner has approached this Court under Article 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing of impugned order dated 18.05.2020, Annexure P-1, passed by the District Magistrate, Sangrur, whereby the application for temporary release of the petitioner on parole has been rejected.

(2.) Facts, in brief, are that the petitioner has been convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act') in FIR No.164 dated 01.12.2014 registered at Police Station Amargarh, District Sangrur and has been awarded rigorous imprisonment of 10 years with fine of Rs.1 Lac and in default of payment of fine to further undergo rigorous imprisonment for one year. The petitioner is undergoing the sentence at District Jail Nabha. Appeal filed by him challenging his conviction was dismissed by this Court on 20.11.2019. He submitted an application for temporary release on parole to meet and look after his old and widowed mother. His application has been recommended by the Gram Panchayat, Village Jollian, Tehsil Bhawanigarh, District Sangrur, Annexure P-3. After enquiry, his application has been rejected by the District Manager, Sangrur vide impugned order, Annexure P-1, on the ground that he is involved in cases under the NDPS Act and in case, he is released on parole, he will again indulge in the sale of drugs and will be a threat to the security of the State.

(3.) Upon notice, the respondents filed a short reply by way of affidavit of DSP, Sub Division, Bhawanigarh, District Sangrur, supporting the impugned order. In their reply, they have submitted that the petitioner is involved in 4 cases, all of which have been registered for offences under the provisions of NDPS Act. Out of the said cases, the petitioner has been convicted in two cases, acquitted in one and the 4th case is pending trial. It has been further submitted that as the petitioner has been indulging in smuggling of narcotic substances, his case has not been recommended by the Senior Superintendent of Police for release vide report dated 13.05.2020, Annexure R-2/T.