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Shri Lal vs State of Rajasthan and Others

Rajasthan High Court · Decided on 2 January 2012 · Citation: (2012) 3 WLN 132

HON’BLE JUDGES
Alok Sharma, J
ACTS & SECTIONS REFERRED
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) — Section 17, 8
CASE NUMBER
Civil Writ Petition No. 4775 of 2011
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Judgment

4 paragraphs · 353 words

Alok Sharma, J.—This petition has been founded upon a direct application for parole made by petitioner Shri Lal S/o Kalu Ram Meena for first regular parole under Rule 9 of the Rajasthan Prisoners Release on Parole Rules, 1958. It is the case of the petitioner that he has been convicted and sentenced for twelve years'' rigorous imprisonment and a fine of Rs. 1.20 lacs or a further period of one year rigorous imprisonment in lieu thereof for offence under Sec. 8/17 NDPS Act, vide judgment dt. 20.11.2007 passed by Special Judge, NDPS Cases Court Chhabra in Session Case No. 143/2005. The case of petitioner is that he has spent about six years in imprisonment out of conviction for twelve years imprisonment inflicted upon him and he has therefore become entitled for grant of benefit of first parole.

2.

Reply has been filed by the State of Rajasthan. It has been submitted that the conduct of the petitioner in jail during incarceration was not good, owing to which he has been transferred from District Jail Baran to Central Jail Bikaner. It has been admitted that on 14.2.2011, the petitioner applied for grant of first parole to Jail authorities, whereupon reports from concerned authorities have been called for, i.e. yhr Police and the Social Welfare Officer and are awaited. It has been stated that as soon as the reports are received, the same shall be forwarded to the competent authority for consideration.

3.

Having considered the application received by post, and the reply to writ petition, I am of the view that presently it is not a fit case to allow grant first parole as the matter is stated to be under consideration of the competent authority. However, the concerned authority is directed to consider and decide the application of the petitioner dt. 14.02.2011 for grant of first regular parole, within a period of two weeks from the date of receipt of certified copy of this order.

4.

The Registry is directed to immediately send the copy of this order to the Inspector General of Prisons, Rajasthan Jaipur. The writ petition stands disposed of accordingly.