NARINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is criminal miscellaneous petition filed by the petitioner under Section 482 Cr.P.C. read with Article 226/227 of the Constitution of India whereby he has prayed for his release on parole under Section 3(1) (d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (hereinafter to be referred as 'the Act.').

(2.) IT is alleged that he was convicted and sentenced to undergo 10 years' rigorous imprisonment by Additional Sessions Judge, Amritsar under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 vide order dated 25.4.1996. He was arrested on 22.6.95. He has thus completed one year of sentence and is entitled to the initiation of case for his release on parole so that he is able to meet his family and look after his wife who has been discharged from Surgical Unit No. 4, Guru Nanak Dev Hospital, Amritsar on 30.5.96. Superintendent, Central Jail, Ludhiana is not initiating his case for the grant of parole saying that he had already availed emergency parole for one week to participate in marriage on 8.5.97 from this court. Merely because he has availed emergency parole for one week for participating in marriage, is no ground to refuse him parole which he is entitled to after he has remained in jail for one year.

(3.) PRAYER of the petitioner has been opposed by respondents 1 and 2 urging that the petitioner was released on 3 weeks parole from 3.12.1996 to 25.12.96 vide order of this court dated 26.11.90 passed in Crl. Misc. 18260 -M of 1996. He was released on parole for a period of one week from 9.5.97 to 15.5.97 by the order of this court dated 7.5.97 passed in Crl. Misc. No. 8290 -M of 1997. As per instructions issued by Inspector General of Prisons, Punjab vide letter No. 6041/67 dated 10.8.92 who has been authorised to exercise the powers of the State Government vide notification No. SO 32/P.A. II/62/S -3/85 dated 21.5.85, the parole case of the petitioner can be initialed after the expiry of 6 months of the last parole. Annexure R 1 is the copy of letter No. 6041/67 dated 10.8.92. The petitioner availed his last parole on 15.5.97, and, therefore, he would be eligible for next parole on 15.11.97.