GAJENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner-Gajendra Singh has filed this petition through his wife Smt. Gyatri praying for his release on emergent parole of 30 days. Petitioner is serving his sentence for offence punishable under the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "NDPS Act"). The authority concerned has not taken any action on the application of the petitioner for release on emergent parole on the ground of treatment of his wife.

(2.) Learned counsel for petitioner contended that the State Government is not competent to reject the application for release of the petitioner on parole because petitioner is convict under the NDPS Act and his case for release on parole shall have to be forwarded to the Central Government. Reference in this connection is made to the Notification of the Government of India dated 9/11/1955 issued by the Central Government, Ministry of Home Affairs u/S.401 (6) of the Code of Criminal Procedure, 1898 and the Rajasthan Prisoners Release on Parole Rules, 1958 (for short, the "Rules of 1958").

(3.) A Division Bench judgment of this Court in Shambhu Dayal v. The State of Rajasthan and Ors. : 2012 (4) WLC (Raj.) 233 has held that even if the convicts are apart from substantive sentence, inflicted with sentence of fine and they do not deposit the fine, their release on parole cannot be declined on that ground.