JOGINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present criminal writ petition has been filed under Article 226 of the Constitution of India for quashing the order dtd. 25/4/2025 (Annexure P-3), whereby, the application submitted by son of the petitioner for grant of 10 weeks' parole leave under Sec. 3 of Haryana Good Conduct Prisoners (Temporary Release) Act, 2022 (hereinafter referred to as 'Act of 2022') in case bearing FIR No.320 dtd. 20/5/1997 under Ss. 15/16 of NDPS Act registered at Police Station Rania, District Sirsa, has been rejected and further, for issuance of directions to the respondents to release the petitioner on regular parole leave for 10 weeks.

(2.) Learned counsel for the petitioner submits that the FIR (supra) was registered in the year 1997 and the petitioner is currently undergoing sentence in Central Jail, Hisar. He further submits that the prayer made by the petitioner for his temporary release has been rejected by relying upon the provisions contained in Act of 2022. In support of his contention, he relies upon the judgment passed by the Division Bench of this Court in CRWP No.1517 of 2024 titled as ' SumitKumar Vs. State of Haryana and another' decided on 12/3/2024, wherein, it has been categorically held that provisions of the Act, 2022 have prospective effect and it cannot be applied retrospectively, as such, learned counsel for the petitioner submits that the controversy raised in the present criminal writ petition is squarely covered by the judgment of the Sumit Kumar (Supra) and the impugned order (Annexure P-3) is not legally tenable and deserves to be set aside. He further relies upon the judgment of the Coordinate Bench of this Court passed in CRWP-2012-2024 titled as ' Mohit Rana Vs. State of Haryana and others ' (Annexure P-4).

(3.) Per contra, the learned State counsel has filed reply on behalf of the official respondents-State and the same is taken record. He further submits that the competent authority has rightly rejected the case of the petitioner for temporary release in the light of the provisions contained in Act of 2022, which has been specifically enacted by the Government of Haryana providing for temporary release of prisoners for good conduct on certain conditions and he also refers to the provisions contained in Sec. 2 (1)(g) of the Act of 2022 and submits that the contraband which is recovered from the conscious possession of the petitioner makes him a hardcore criminal which disentitles him for temporary release.