BALVENDRA KAUR Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) The petitioner has submitted the petition on behalf of her husband, Jeet Singh, who is undergoing a sentence of ten years having committed for offence under Section 8/15 of the NDPS Act at Central Jail, Ajmer. According to the petitioner, her husband has already completed six years, eight months and twenty-seven days of his sentence. Thus, he has completed more than one third of his sentence. Hence, he is eligible for being released on first parole of twenty days. The petitioner had applied for the same for her husband. However, the matter is still pending as the reports of the Superintendent of Police, Ludhiana, Social Welfare Department, Ludhiana and Central Narcotics Bureau, Chittorgarh are yet to be received.

(2.) The learned counsel for the petitioner has vehemently contended that the liberty granted under Article 21 of the Constitution of India cannot be cribbed, cabined and confined by the omissions committed by the Superintendent of Police, Ludhiana, Social Welfare Department, Ludhiana and Central Narcotics Bureau, Chittorgarh. Once the convicted prisoner is eligible to be released on parole, it is the duty of the concerned authority to ensure that his case is considered within a reasonable time. Despite the fact that the petitioner's husband has completed six years of his sentence, he is yet to be granted the benefit of first parole.

(3.) On the other hand, the learned Public Prosecutor has contended that delay is caused only as the reports of Superintendent of Police, Ludhiana, Social Welfare Department, Ludhiana and Central Narcotics Bureau, Chittorgarh are not received.