TaxTMI 
TaxTMI 
2018 (4) TMI 1981
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....ubstances Act, 1985 at Police Station Sadar, District Karnal. The petitioner is undergoing sentence of ten years as he was convicted by the Special Court (NDPS cases), Karnal vide judgment dated 09.01.2017. 2. Aggrieved by said judgment of conviction and order of sentence, the petitioner filed a criminal appeal which is pending after admission. 3. The petitioner has approached this Court for grant of parole to look after his ailing father, who is suffering from various ailments and is more than 60 years of age. The father of the petitioner has to be operated because of tumor and he is taking treatment from Kalpana Chawla Government Medical College Hospital, Karnal. A request was made by the petitioner to the respondent authorities for gra....
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....n for good conduct and on fulfilling certain conditions as provided in the Act. He further submits that the petitioner is involved in a serious case of NDPS and he was awarded sentence of ten years with a fine of ` one lac. Learned State counsel further submits that the petitioner falls under the category of hardcore criminal and he has undergone only 14 months of actual sentence after conviction. The petitioner has completed 03 years 01 month and 23 days as on 05.03.2018 and is not eligible for parole as five years of imprisonment is required as per sub-section 2 of Section 5A of the Parole Act. 7. Heard the arguments of learned counsel for the parties and have also perused the order of rejection and other documents available on the file.....
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.... District Magistrate or any other officer appointed in this behalf, by notification in the Official Gazette and subject to such conditions and in such manner as may be prescribed, release temporarily for a period specified in sub-section (2), any prisoner, if the State Government is satisfied that- (a) xx xx xx (b) the marriage of prisoner himself, his son, daughter, grandson, granddaughter, brother, sister, sister's son or daughter is to be celebrated; or (c) xx xx xx (d) xx xx xx (2) The period for which a prisoner may be released shall be determined by the State Government so as not to exceed- (a) xx xx xx (b) where the prisoner is to be released on the ground specified in clause (b) or clause (d) of sub-section (1), fo....
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....side in appeal or revision and any imprisonment undergone in connection therewith shall not be taken into account for the above purpose; or (iii) has been sentenced to death penalty; or (iv) has been detected of using cell phone or in possession of cell phone/SIM card inside the jail premises; or (v) failed to surrender himself within a period of ten days from the date on which he should have so surrendered on the expiry of the period for which he was released earlier under this Act." 12. There is a specific provision for hardcore prisoners under Section 5A of the Haryana Good Conduct Prisoners (Temporary Release) Amendment Act, 2012, which is reproduced as under:- "5A. Special Provisions for Hardcore Prisoners - Notwithstanding an....
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....e prisoner and moreover, he is not a hardcore prisoner. Section 6(2) of the Act provides that notwithstanding anything contained in Sections 3 and 4 of the Act, no person is entitled to be released under the Act, if on the report of the District Magistrate, where consultation with him is necessary, the State Government or an officer authorised by it in this behalf is satisfied that his release is likely to endanger the security of the State or the maintenance of public order. Meaning thereby, the release of a prisoner on parole can be declined in case his release on parole is likely to endanger the security of the State or the maintenance of public order. The recommendation made by the concerned authority for not releasing the petitioner on....
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....he State or the maintenance of public order and whether the recital in the order that there is apprehension of breach of peace, if prisoner is released on parole or furlough, satisfies the conditions contemplated under Section 6 of the Act. We find that the authorities under the Act have been consistently declining the request for parole or furlough only for the reason of apprehension of breach of peace, whereas there is no such condition under the Act. This is so in spite of numerous judgments of this Court that apprehension of breach of peace by a prisoner is not a ground to decline the request for parole or furlough." 16. Admittedly, the administrative decision is subject to judicial review in exercise of supervisory writ jurisdiction o....