DIVYA Vs. STATE OF RAJ

JUDGEMENT

(1.) BY this Parole Petition, Smt Divya- wife of the convict- prisoner Ajay s/o Ram Prakash, who is presently serving imprisonment at the Central Jail, Bikaner, has prayed for grant of first 20 days' emergent parole on the ground of ailment of herself (petitioner) as per Rajasthan Prisoners (Release on Parole) Rules, 1958 (for short, 'the Rules of 1958').

(2.) AS per reply to the letter petition submitted on behalf of respondents, the accused-prisoner Ajay s/o Ram Prakash has been convicted for commission of offences punishable under sec.8/15 of the NDPS Act and sentenced to 10 years rigorous imprisonment with fine of Rs.1 Lac, in default of payment whereof to undergo further rigorous imprisonment for one year. However, in view of rule 1(c) of the Rajasthan Prisoners (Release on Parole) Rules, 1958, these Parole Rules would not apply to those prisoners who have been convicted under a law, to which executive powers of the Union of India extends. Further, in view of Division Bench judgment of this Court in the case of Sambhoo Dayal v. State of Raj. & others (D.B. Civil Writ (Parole) Petition No.12294/2011 � decided on 22nd March 2012) accused/convict- prisoners of NDPS Act cases are not covered by the Parole Rules of 1958 but are covered by the Rules framed by the Central Government and such cases have to be dealt with in accordance with the Rules of 1955 framed by the Central Government, Ministry of Home Affairs.