KULDEEP SINGH SANDHU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this petition filed under Articles 226/227 of the Constitution of India, the petitioner has challenged order dated March 03, 2025 (Annexure P-2), whereby application of the petitioner for release on parole, has been dismissed.

(2.) Learned counsel for the petitioner submits that FIR No.93 dtd. 5/9/2017 was registered under Ss. 15 and 29/61/85 of the NDPS Act at Police Station Chohla Sahib, District Tarn Taran. The petitioner has been convicted under Sec. 15(c) of the NDPS Act. The petitioner was sentenced to undergo rigorous imprisonment for a period of 12 years along with fine.

(3.) The application for parole was made by the applicant on October 21, 2024 and the same was kept pending by the authorities which necessitated the filing of CRWP No.1036 of 2025. A Co-ordinate Bench of this Court, vide order dated January 31, 2025, directed the authorities concerned to decide the petitioner's application for parole within a period of two weeks from the date of receipt of copy of the order. Thereafter, the prayer of the petitioner was primarily rejected on the ground that the petitioner had prayed for parole for getting his wife medically treated but his family members could not produce any solid documentary evidence to support his claim. Only a doctor's slip from Civil Hospital, Tarn Taran along with photocopy of the colposcopy report from a private Suyog Hospital was produced. The other ground for rejection was that the petitioner had links with drug peddlers and on his release on parole could indulge in the business of selling drugs and to abscond. Therefore, the Senior Superintendent of Police, Tarn Taran recommended rejection of the parole application of the petitioner and on the said basis, the Deputy Commissioner, Tarn Taran, rejected the same without any cogent reason or independent application of mind.