(1.) The present petitioner was convicted and became sentenced by the learned Judge Special Court, Ludhiana. The above conviction and the consequent thereto sentence, as imposed upon the present petitioner was in respect of charge(s) framed against him, for offences punishable under Ss. 21/23/28/29/60/61/63 of the NDPS Act. The petitioner has chosen to challenge the conviction and the order of sentence, through his rearing thereagainst CRA-D-14-2022 before this Court.
(2.) However, during the pendency of the criminal appeal, before this Court, the petitioner claimed relief for his being released on parole lasting upto a duration of eight weeks, rather to enable him to meet his family members, but on the said motion, a declining order, as becomes enclosed in Annexure P-2, was passed. The said declining order has been challenged through his instituting the instant petition before this Court.
(3.) For the reasons to be assigned hereinafter, the declining order, as made, is ill informed besides is not founded upon any credible material and as such, is required to be quashed and set aside.