DAKSH ARORA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this writ petition filed under Article 226 of the Constitution of India, the petitioner has challenged the refusal to recommend the petitioner's release on parole by the District Magistrate, Muzaffarnagar, vide letter dated February 10, 2025 (Annexure P-1) relying upon the report submitted by the Senior Superintendent of Police, Muzaffarnagar.

(2.) FIR No.32 dtd. 1/3/2021 was registered against the petitioner under Ss. 22, 25 and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act") at Police Station Dakha, District Ludhiana (Rural). The petitioner was convicted under Ss. 22 and 29 of the NDPS Act and was sentenced to undergo rigorous imprisonment for a period of 16 years along with fine.

(3.) Learned counsel for the petitioner submits that the petitioner had applied for parole way back in 2024. The Superintendent, Central Jail, Ludhiana, initiated his case and sent it for verification to the District Magistrate, Muzaffarnagar, Uttar Pradesh, vide letter No.4562 dtd. 18/6/2024. The District Magistrate refused to recommend the petitioner's case for parole relying on the erroneous report given by the Senior Superintendent of Police, Muzaffarnagar, U.P who opined that if released on parole, the petitioner could again commit a crime under the NDPS Act with motive of earning undue profit for his personal benefit which could affect the people in the neighbourhood.