GAJJAN SINGH Vs. STATE OF PUNJAB AND ORS

JUDGEMENT

(1.) Parole has been declined to the petitioner vide order dated 6.7.2012 (Annexure P-1) on the ground that in view of the Memo issued by ADGP, Intelligence, Punjab, Chandigarh dated 20.3.2012, there are chances of petitioner again indulging in the business of smuggling in case released on parole, hampering the efforts of the Govt. to control drug menace in the society.

(2.) In the reply filed, it has been informed that during the pendency of this petition, the wife of the petitioner had again submitted an application for release of the petitioner on parole. SSP, Fatehagar Sahib, Respondent No. 3, recommended for four weeks parole to her husband. The wife of the petitioner had also given an assurance that her husband would live peacefully and that he wanted to meet her and get his mother treated. SHO, Mulepur, under whose territorial jurisdiction the village of the petitioner falls, carried out an inquiry by visiting the village of the petitioner.

(3.) He got the statements of the respectables recorded. He also recorded the joint statements of the inhabitants of the village including the Sarpanch. A copy of the same has been placed on record as Annexure R-5/T. The SHO gave a favourable report on 10.2.2013 to SSP, Fatehgarh Sahib. The SSP, Fatehgarh Sahib also recommended vide letter dated 12.2.2013 to District Magistrate, Fatehgarh Sahib that the police does not have any objection in case the petitioner is released on parole. A copy of the report, sent by SSP Fatehgarh Sahib has been placed on record as Annexure R-7 but on the basis of a general Memo dated 23.3.2012, issued by ADGP, Intelligence, Punjab, the inquiry reports were ignored and parole was declined to the petitioner.