Kashmir Singh vs State of Punjab

M.L. Koul, J.

Kashmir Singh petitioner, a convict undergoing sentence under Section 15 of the N.D.P.S. Act, 1985 for a period 10 years, had moved an application before the competent authorities for his temporary release on parole as laid down under Section 3 of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1986 on the ground that his house during the last floods had fallen down and he wanted to repair it and thus he was entitled to the benefit of temporary release as envisaged under Section 3(1)(d) of the Act.

In this regard he had produced the proof from the local Gram Panchayat as well certifying the factum of damage to have been caused to his house during the said floods. He did not receive any concession of temporary release from the authorities and his application was rejected for the reasons contained in Annexure P2/T wherein both the District Magistrate and the Superintendent of Police have found that the petitioner convict was habitual of selling the poppy husk.

After he moved this court within the purview of Section 482 of the Code of Criminal Procedure for the desired relief, notice was given to the respondentState to which objections have been filed by the Assistant Advocate General, Punjab.

Heard learned counsel for the parties and had a thoughtful consideration over the available record on the file including the written objections filed by the State.

It is contended in the objections that the convict petitioner is babitual of selling poppy husk. The prosecution i.e. the State has in no manner found that any case other than the one on which the petitioner stood convicted was lodged against him or he was ever arrested redhanded while selling the poppy husk or any Narcotic Drug to the people in the area. As per Section 6 of the Act no prisoner shall be entitled to be released on parole if on the report of the District Magistrate, the State Government or any officer authorised by it in this behalf is satisfied that the release of such person is likely to endanger the security of the State or the maintenance of public order. There is no other impediment laid down under the Act on the ground of which the petitioner is not entitled to be released temporarily on parole to effect the repairs of his house.

There is no proof available that if the petitioner is released on parole his release may endanger the security of the State or would be dangerous to the maintenance of the public order. The petitioner is a onetime convict, no doubt for a serious offence constituted under the N.D.P.S. Act. The legislature in their wisdom have promulgated the Punjab Good Conduct Prisoners (Temporary Release) Act, 1986 to provide relief to the people undergoing imprisonment for life or for a tenure mentioned in the Act. The conditions on which some relief can be granted to the prisoners are envisaged in Subclause (d) of Clause (1) of Section 3 of the Act wherein only a sufficient cause is to be shown by such a prisoner for his release and the reason should be plausible and justifiable.

It is for that reason the provisions of Section 3(1) (d) relate that besides other grounds for such release laid down in the provisions for any other sufficient cause, a prisoner can be released and the authority is at liberty to grant such relief to a person on a bona fide and reasonable cause if his presence is required for some gainful purpose, for example for conducting repairs of his fallen house.

In the instant case the petitioner seeks the indulgence of this court for his release on parole on the ground that his house got dilapidated during the last floods which created havoc in the State of Haryana and as a result of which his house had partly fallen down and there is nobody to look after it. He wants temporary release so that he can repair his dwelling house where even after his release from jail he is to live in. This is a very justifiable ground on which the release of the petitioner cannot be denied to him.

Hence this petition is accepted and the authorities are directed to issue an order for temporary release in favour of the petitioner for the period to be fixed by the authority within 10 days from the date the copy of the order is received by them as per rules and on an undertaking to be given by the petitioner. Copy of the order be given dasti.