JASBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant petition has been filed challenging the impugned order dtd. 22/8/2022 (Annexure P-3) passed by respondent No. 3 vide which request of petitioner for temporary release to meet his minor son under Sec. 3 (1) (a) and (d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (for short 'the Act of 1962') has been declined on the ground that the case of heavy recovery of 24 kg Heroin was registered against the petitioner and on coming out on parole he can again indulge in a business of drugs and can abscond.

(2.) A perusal of the paper book reveals that the petitioner is undergoing sentence of 20 years and fine of Rs.4,00,000.00, and in default further rigorous imprisonment of 4 Years in case FIR No. 08 dtd. 27/10/2013 under Sec. 21, 25, 29 of the NDPS Act, PS State Special Operation Cell, Amritsar and the said conviction vide judgement and order dtd. 22/3/2018 passed by learned Special Judge, Amritsar had been challenged vide appeal number CRA-D-1098-DB of 2018, which is lying admitted before this Court.

(3.) After issuance of notice of motion on 21/10/2022, respondent Nos. 1 to 5 filed their reply by way of an affidavit dtd. 11/12/2022, wherein it has been submitted that a case of heavy recovery of 24 kg Heroin was registered against the petitioner and on coming out on parole he can again indulge in a business of drugs and can abscond.