Rajasthan High Court - Jaipur
Prem Nagar Alias Prem Narayan vs State Of Raj & Ors on 6 April, 2012
Author: Ajay Rastogi
Bench: Ajay Rastogi
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. *** S.B.CIVIL WRIT PETITION (PAROLE) NO.2271/2011 Prem Nagar@ Prem Narayan Vs. State and ors. DATE OF ORDER : 06/04/2012 HON'BLE MR. JUSTICE AJAY RASTOGI *** Mr.Sajid Ali, for petitioner
The petitioner was convicted for the offence u/Sec. 8/21 of the NDPS Act and sentenced to 10 years rigorous imprisonment with fine of Rs.1 Lac vide judgment dt.15/05/2006 passed by the Special Court (NDPS Cases) Additional Sessions Judge No.1, Kota.
Instant writ petition has been filed seeking parole under the Rajasthan Prisons (Release on Parole) Rules, 1958.
The Division Bench of this Court in the case of Shambhu Dayal Vs. The State of Rajasthan & ors [DB Civil Writ (Parole) Petition No.12294/2011], decided on 22/03/2012, has held ad-infra:-
The Rajasthan Prisoners Release on Parole Rules, 1958 are not applicable in the cases where conviction is under NDPS Act and also where convict is sentenced to imprisonment for an offence against any law relating to a matter to which the executive power of the Union extends and such cases have to be dealt with in accordance with the Rules of 1955 framed by the Central Government, Ministry of Home Affairs vide Notification dated 9th November, 1955 published in the Gazette of India, November 19, 1955.
In the light of the judgment passed by the Division Bench of this Court (supra), instant writ petition for parole is not maintainable and the same is accordingly dismissed. However, the petitioner is at liberty to avail remedy which the law permits to him.
[AJAY RASTOGI], J.
Raghu/p.2/2271-WP-2011-Final.doc Certificate:-All corrections have been incorporated in the judgment/order being emailed/Raghu,PAJW