RAJ KUMAR ALIAS RAJU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner has filed this petition under Articles 226/227 of Constitution of India for issuance of directions to respondents for grant of parole for a period of 08 weeks to the petitioner and for quashing the impugned order dtd. 9/4/2025 (Annexure P-2) passed by respondent No. 2, vide which, the case of the petitioner for grant of parole has been declined.

(2.) The brief facts of the case are that the petitioner has been convicted and sentenced in case bearing FIR No. 247 dtd. 12/10/2022 at Police Station Canal Colony, District Bathinda, under Sec. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') to undergo rigorous imprisonment for 10 years and to pay fine of Rs.1,00,000.00, in default of payment of fine to further undergo rigorous imprisonment for one year. Petitioner filed criminal appeal bearing No. CRA-S-4120 of 2024 against the aforesaid judgment of conviction and order of sentence which stands admitted vide order dtd. 18/12/2024.(Annexure P-1).

(3.) Learned counsel for petitioner argued that the impugned order dtd. 9/4/2025 (Annexure P-2) has been passed in a mechanical manner on the ground of earlier registered cases against petitioner. He further contends that mere conviction of petitioner in multiple cases cannot be a ground to reject parole and there is no legislative mandate to reject the case of a convict for temporary release on the apprehension that in case, the petitioner is released, he can indulge in smuggling of intoxicating substances. He submits that the petitioner was granted regular bail in another case vide order dtd. 18/1/2024 (Annexure P-3) and during that period, the act and conduct of petitioner remained peaceful and law abiding. Learned counsel further submits that case of the petitioner is not hardcore prisoner as defined under Sec. 2(aa) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (hereinafter to be referred as 'the Act, 1962'). Therefore, it is submitted that impugned order dtd. 9/4/2025 may kindly be set aside and petitioner may be released on parole for eight weeks by imposing suitable conditions.