MANGA @ MANGA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In the present criminal writ petition filed under Articles 226/227 of the Constitution of India, the petitioner challenges the order dated 11.03.2020 (Annexure P-5) passed by the Deputy Commissionercum-District Magistrate, Kapurthala, whereby his case for grant of parole for a period of six weeks has been rejected under the provisions of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962. Resultantly, the relief for grant of parole for a period of six weeks is prayed for.

(2.) The reasoning as such which weighed with the District Magistrate was that there were other cases registered against the petitioner, though he had been sentenced to 10 years imprisonment in FIR No.169 dated 15.10.2010 under Sections 50/61/85 of NDPS Act lodged at Police Station Sultanpur Lodhi, District Kapurthala, on account of the fact that there was recovery of 70 Kgs of poppy husk effected from him. Resultantly, in view the fact that there were 4 more cases of similar nature against him under the NDPS Act and the fact that the petitioner had remained proclaimed offender for long, a finding was recorded that he would do the business of sale of intoxicants, which has a bad impact on society and could be harm to the people of the State. Resultantly, while agreeing with the reports sent by Senior Superintendent of Police, Kapurthala-respondent No.3 and while exercising the powers under Section 3 (4), the parole case was rejected.

(3.) Counsel for the petitioner has, accordingly, argued that the rejection is on the grounds, which is alien to the provisions of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 and Punjab Good Conduct Prisoners (Temporary Release) Rules, 1963. The same provides that the parole can be declined on the ground that the prisoner's presence being dangerous to the security of the State or prejudicial to the maintenance of the public order and not that on account of the fact that number of cases were registered against the prisoner and that he may deal in intoxicants again, which were irrelevant consideration.