Criminal Misc. No.M-30433 of 2008 -1-
****
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No.M-30433 of 2008
Date of decision : 20.11.2008
Pala Ram .....Petitioner
Versus
State of Haryana and others ...Respondents
****
CORAM : HON'BLE MR. JUSTICE S. D. ANAND
Present: Mr. H.S.Jaswal, Advocate the petitioner
S. D. ANAND, J.
Criminal Misc. No.53433 of 2008
Allowed as prayed for.
Criminal Misc. No.M-30433-2008
The grievance of the petitioner-prisoner is that his plea for
release on parole was not even entertained by the respondents on the
premise that he is convicted under N.D.P.S.Act.
Notice of motion.
On the asking of the Court, Mr. S.S. Mor, learned Senior
Deputy Advocate General, Haryana, accepts notice on behalf of the State.
The petition shall stand disposed of with a direction to the
competent authority to take a decision on the pending parole plea of the
petitioner-prisoner within fifteen days from today. The petition shall be
treated as application for the grant of parole. The parole plea may not be
declined on the ground that petitioner-prisoner is a convicted under the
NDPS Act. The view that a petitioner-prisoner undergoing imprisonment
Criminal Misc. No.M-30433 of 2008 -2-
****
on conviction for smuggling of narcotic substances cannot be released on
parole had already been negatived by a judgment rendered by this Court in
Criminal Writ No. 1157 of 2006 (Sukhwinder Singh @ Titto Vs. State of
Punjab) decided on 10.8.2007. It will be for the State counsel to
communicate the order to the competent authority.
Copy of the order be given to the learned State counsel under
the signatures of the Court Secretary.
November 20, 2008 (S. D. ANAND) Pka JUDGE