JAGDEV SINGH @ LADDI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Article 226 of the Constitution of India seeking the grant of parole for a period of 08 weeks to the petitioner, who stands convicted in FIR No.13, dtd. 8/2/2021, under Ss. 22, 29, 61, 85 of NDPS Act, registered at Police Station Sadar Sangrur, District Sangrur, and is presently undergoing sentence of 10 years rigorous imprisonment at District Jail, Sangrur.

(2.) Learned counsel for the petitioner submits that the petitioner was convicted by the learned Additional Sessions Judge, Sangrur, vide judgment dtd. 29/7/2023 and sentenced to undergo rigorous imprisonment for a period of 10 years along with fine of Rs.1.00 lakh. It is submitted that since the date of conviction, the petitioner has completed approximately 02 years of incarceration and has maintained good conduct during his confinement in the prison. An application was preferred by the petitioner before the Superintendent, District Jail, Sangrur, seeking parole for 08 weeks on humanitarian grounds, specifically to attend to urgent familial responsibilities and provide care to his dependents. However, the said application was declined vide order dtd. 21/3/2024 (Annexure P-1) primarily on the ground that there existed an apprehension of threat to State security.

(3.) It is further argued by the learned counsel for the petitioner that the apprehension expressed is unsubstantiated by any cogent material or intelligence inputs. It is contended that the petitioner is not involved in any other criminal case, much less under the NDPS Act and that there exists no legal impediment to the grant of parole. It has been asserted by the learned counsel that parole serves a vital reformative and rehabilitative function within the correctional system and should not be denied on the basis of a mere conjecture or surmise.