TaxTMI 
TaxTMI 
2018 (4) TMI 1981
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....18 of the Narcotic Drugs and Psychotropic Substances 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 p....
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....r of right as it is the only concession which is given 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 ....
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....hich are reproduced as under:- "3(1) The State Government may, in consultation with the 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- ....
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.... of second conviction and while counting the period of five years, the period of actual imprisonment or detention shall be excluded. Explanation - A conviction which has been set aside 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 har....
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....4. From the provisions as reproduced above, it is clear that even a hardcore prisoner is entitled to go on parole for a temporary period of 96 hours while in police custody. 15. The petitioner does not fall under the category of hardcore 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 o....
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....nd to decline parole or furlough by the authorities under the Act is that there is apprehension of breach of peace, in case the prisoner is released on parole or furlough. The question which requires our consideration is what endangers the security of the 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 judgmen....