AVDESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in the petition under Article 226 of the Constitution of India is for the setting aside of order Annexure P/2 dtd. 22/11/2022, passed by the District Magistrate, Sri Muktsar Sahib, i.e. respondent No.3 rejecting u/s 6 of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (for short 'the Act'), the application of the petitioner for release on eight weeks parole on the ground that if the petitioner is released on parole he can indulge in activities of selling drugs which can give bad affect to the young generation besides on account of apprehension of breach of peace.

(2.) A perusal of the paper book reveals that the petitioner was convicted in case FIR No.3 dtd. 4/1/2019, U/s 22, NDPS Act, Police Station City Sri Muktsar Sahib and was sentenced to undergo rigorous imprisonment for a period of fourteen years and to pay fine of Rs.1,50,000.00, vide judgment dtd. 19/8/2021, passed by the learned Sessions Judge, Sri Muktsar Sahib and at present the petitioner is confined in District Jail, Sri Muktsar Sahib.

(3.) On 21/12/2021, the petitioner applied for eight weeks parole along with panchayatnama in terms of Sec. 3 (1) (d) of the Act, to meet his family members and to look after his household affairs. Respondent No.4 i.e. Superintendent, District Jail, Sri Muktsar Sahib, recommended the release of the petitioner on eight weeks parole and forwarded the same on 21/12/2021 to the District Magistrate, Sri Muktsar Sahib i.e. respondent No.3 as well as the Director General of Police, Jail Department, Punjab i.e. respondent No.2 but as noted above, the application for release on parole was rejected.