SUMIT KUMAR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner is presently lodged in Central Jail, Amritsar. He was convicted and sentenced for 10 years RI and fine of Rs. 1,05,000/- in a case registered vide FIR No.34 dated 30.09.2013, under Sections 21 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "NDPS Act") at Police Station Airport, Amritsar by the Special Judge, Amritsar. The petitioner made an application for grant of parole for 6 weeks to meet his family members. His case was sent to the District Magistrate on 18.05.2017. The District Magistrate has reported to the Superintendent of Jail, Amritsar, vide letter dated 18.10.2017, that as per the report of the Assistant Commissioner of Police, Amritsar South, the petitioner cannot be released on parole because he would again indulge in the trade of drug smuggling and would be a threat to the State security and maintenance of public order.

(2.) Counsel for the petitioner has submitted that in the meantime, the marriage of his brother has also been fixed, which is scheduled to be held on 29.04.2018. In this regard, counsel for the respondents has replied that neither the petitioner had ever informed them about the marriage of his own brother nor made any written request for grant of parole for the said purpose.

(3.) Counsel for the petitioner has submitted that the petitioner is neither involved in any other case nor is a hard core criminal. It is further submitted that the provisions of Section 6(2) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (hereinafter referred to as the "Act") cannot be applied to the case of the petitioner as his act and conduct would not fall within the purview of "threat to the State security or maintenance of public order". He has further submitted that by way of a Panchayatnama, responsibility of the petitioner has been taken by the Panchayat of the village that he would not indulge in any illegal work.