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Judgment
8 paragraphs · 368 wordsH.S. Madaan, J
Case taken up through video conferencing.
This criminal writ petition under Article 226 of the Constitution of India has been filed by petitioner Sukhjinder Singh @ Bitta son of Mohan Singh, confined in Central Jail, Ludhiana having been convicted and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.1 lakh, in default of payment of fine to undergo further rigorous imprisonment for one year for offences under Sections 22 and 31 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') by Addl. Sessions Judge, SBS Nagar, craving for grant of emergency parole to him for 04 weeks to celebrate marriage and perform rituals in place of father of her cousin sister, namely Kumari Meena resident of Village Herian on 11.03.2021 at Village Herian, Tehsil & District Nawanshahr, SBS Nagar.
Notice of the petition has been given to the State, who has not filed any formal reply.
I have heard learned counsel for the parties besides going through the record.
Keeping in view the fact that the petitioner has been convicted for an offence under the Act and undergoing imprisonment in the jail and in view of the fact that the relative whose marriage is statedly fixed is not very closely related to the petitioner, I am not inclined to pass any order to allow emergency parole to the petitioner. However, in the interest of justice, the petitioner can be sent to the venue of the marriage in custody.
Learned counsel for the petitioner states that order in that regard may be passed.
Accordingly, the present petition is disposed of directing respondent No.3-Superintendent, Central Jail, Ludhiana to make necessary arrangement to take petitioner Sukhjinder Singh @ Bitta to Village Herian, District SBS Nagar, the venue of the marriage on 11.03.2021 at 9.00 AM and allow him to remain there till 05.00 PM and then to bring him back to the jail. Adequate security arrangement be made to ensure that the petitioner does not escape and he does not get attacked by any rival group/person. The petitioner shall bear the expenses of travelling/transportation. A copy of this order be sent to Superintendent, Central Jail, Ludhiana for compliance.