LAWS(P&H)-2014-12-403

WARYAM SINGH Vs. STATE OF PUNJAB AND OTHERS

Decided On December 11, 2014
WARYAM SINGH Appellant
V/S
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

(1.) Present petition has been filed under Sections 226/227 of Constitution of India read with Section 3(1) (d) of the Punjab Good Conduct Prisoners (Temporary Release Act), 1962 as amended up to date for grant of four weeks parole to meet his family members. The petitioner is undergoing imprisonment for 12 years at Central Jail, Kapurthala in case FIR No. 56 dated 22.3.2007 under Sections 21/25/61/85 NDPS Act and 489-C IPC at Police Station Sadar, Phagwara and his appeal is pending in this Court in CRA-398- DB of 2012. The parole case of the petitioner was initiated on 26.4.2012 and respondent no.1 Director General of Police Jails, Punjab rejected the case on 18.6.2013 on the ground that convict was dangerous NDPS Smuggler and was involved in criminal activities. While passing the order, it was observed that in this regard verification was conducted from District Magistrate, Jammu and a negative report of convict Waryam Singh was received. It is written in the report that the convict is a dangerous NDPS Smuggler and is involved in criminal activities and because of this can raise difficulties to local police and general public. Therefore, his release was not recommended.

(2.) However, regarding his release on parole, no objection has been given by Gram Panchayat of Village Bhor, Camp Ward No.1, Jammu, Police Station Narwan, Sanwari, Tehsil and District Jammu (Annexure P-1).

(3.) The grievance of the petitioner is that he has been in custody since 1.4.2007 and has not committed any jail offence. No criminal case is pending against him at Jammu under the NDPS Act.