MAHADEV SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A letter has been received from Mahadev Singh. The letter has been treated as a letter petition by this Court. Vide order dated 17.1.2012, this Court had appointed Mr. Manish Tak, as amicus curiae to argue this case on behalf of the petitioner. Through the letter, he has prayed that directions should be issued to the jail authorities for considering his case for permanent parole. According to learned counsel Mr. Manish Tak, the petitioner had been granted the benefit of three emergent parole. Therefore, he is eligible for being granted the permanent parole. Therefore, according to the learned counsel, the petitioner's case should be considered for permanent parole.

(2.) On the other hand, the learned Public Prosecutor has contended that Sec. 32A of the NDPS Act, contains a bar and prevents the suspension, remission or commutation of a sentence passed under the NDPS Act. Since the grant of permanent parole to the tantamounts to suspension of the sentence, permanent parole cannot be granted according to the bar contained, in Sec. 32A of NDPS Act. Secondly, according to Rule 9 of the Rajasthan Prisoners (Release on Parole) Rules, 1958, ('the Rules', for short), a convicted prisoner becomes entitled for having this case considered for permanent parole, if and only if, he/she completes the first three regular paroles peacefully. However, in the present case, the petitioner has not even been granted the first regular parole under Rule 9 of the Rules. Hence, he is ineligible for permanent parole.

(3.) In rejoinder, Mr. Manish Tak, has relied upon the case of Dadu @ Tulsidas Vs. State of Maharashtra, AIR 2000 SC 3203, in order to argue that according to the Honourable Supreme Court, a grant of parole is neither a suspension, nor a remission, nor a commutation of sentence. Therefore, the bar contained in Sec. 32A of the NDPS ACT is inapplicable to a case of parole. According to the Apex Court, even if, a person were convicted under the NDPS Act, he would be entitled to have his case considered for parole strictly in accordance to the parole rules. He has further relied on the case of State of Rajasthan & Ors. Vs. Mana Singh & Ors., 2002 (1) Cr.L.R. (Raj.) 453, wherein a Division Bench of this Court had also held that a person convicted under the NDPS Act would certainly be entitled to have his case considered for parole under the Rules.