SHRAWAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CONVICTED under the Narcotics Drugs & Psychotropic Substances Act ('ndps', for short), sentenced to 10 years of rigorous imprisonment, having served six years of imprisonment, the petitioner was hoping that he would be granted the first regular parole under the Rajasthan Prisoners (Release of Parole) Rules, 1958 ('the Rules', for short ). However, vide order dated 8-7-2004 the Advisory Committee under the Rules rejected the petitioner's case for first regular parole. Hence, this petition before this court.

(2.) MR. Sumer Singh, the learned counsel for the petitioner has vehemently argued that under Rule 9 of the Rules once a convicted prisoner has completed one-fourth of his sentence and in case his conduct is satisfactory in the jail, the prisoner becomes entitled to the first parole of 20 days. According to him, the petitioner has already served more than one-fourth of his sentence, yet he has not been granted the benefit of first parole. Moreover, he has been denied this benefit only on the ground that the District Collector and the Superintendent of Police Bhilwara have sent adverse report against him. However, the reports are not based on any evidence, but have been sent mechanically. Since the petitioner's conduct has been good in the jail during his incarceration, he deserves to be granted the benefit of first parole.

(3.) THEREFORE, this petition is devoid of any merit. It is, hereby dismissed..