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SCR.A/1843/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1843 of 2008
=====================================================
MUBARAK
RAZAK MOHAMMAD NILGAR - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=====================================================
Appearance :
THROUGH
JAIL for Applicant(s) : 1,
Mr.Dipan Desai, learned Addl.Public
Prosecutor for
Respondents
=====================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 23/09/2008
ORAL
ORDER
Rule.
Mr.Dipan Desai, learned Addl.Public Prosecutor waives service of
notice of rule for the respondents.
This
application has been filed by the petitioner, who is at present
lodged in Vadodara Central Jail where he is serving sentence for
offences under the provisions of the Narcotic Drugs and Psychotropic
Substances Act, 1985.
Bay
way of this application dated 27-8-2008 the petitioner has prayed for
grant of parole for a period of 30 days on account of the illness of
his wife, who is stated to be suffering from kidney stones in both
the kidneys. The petitioner has also expressed an apprehension that
his wife may require an operation and, therefore, his presence is
necessary and the prayer made by him may be granted.
The
application for grant of parole preffered by the applicant had been
rejected by the Addl.District Magistrate, Vadodara by order dated
5-8-2008 on the ground of adverse police opinion.
Notice
was issued on 17-9-2008. Today, when the petition is taken up
Mr.Dipan Desai, learned Addl. Public Prosecutor has submitted a copy
of the report of the Police Inspector, District Mandsaur, Madhya
Pradesh dated 22-9-2008 wherein it is stated that the wife of the
petitioner was admitted in the Mandsaur District Hospital on 6-5-2008
for treatment and was discharged on 9-5-2008. Copies of the discharge
slip of the wife of the petitioner as also the Ultra Sonography
report are annexed to the report. The report, as aforesaid, is taken
on record. The report of the Police Inspector, Mandsaur also goes to
state that there is an apprehension and likelihood that the
petitioner, who is involved in offences punishable under the Narcotic
Drugs and Psychotropic Substances Act may abscond, if he is released
on parole and the police authorities of Vadodara are advised that
parole may not be granted to the petitioner.
In
view of the report of the Police Inspector, Mandsaur dated 22-9-08 as
well as the medical report of the wife of the petitioner annexed
thereto, it is found that the wife of the petitioner has already been
discharged after taking treatment in the month of May and it does not
appear that she is undergoing any treatment, as of date.
Considering
the gravity of the offence in which the petitioner is involved and
the report of the Police Inspector, District Mandsaur as well as the
order dated 5-8-2008 of the Addl.District Magistrate, Vadodara, the
prayer made in the petition cannot be granted. Accordingly, petition,
is dismissed. Rule is discharged.
(Smt.Abhilasha
Kumari,J)
arg
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