Rajasthan High Court - Jodhpur
Hanuman vs State Of Raj. (Parole) on 23 April, 2012
S.B. Cr. Parole Writ Petition No.1763/2012
Hanuman v. State of Raj. & ors
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S.B. Cr. Parole Writ Petition No.1763/2012
Hanuman v. State of Raj. & ors
Date of Order: 23rd April 2012
HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN-II
By post Mr Anil Upadhyaya, Government Advocate A letter has been received from the convict-prisoner Hanuman s/o Ram Chandra Bishnoi from Central Jail, Bikaner. Said letter has been treated as Letter Petition for parole by this Court.
According to the applicant, he was convicted for offence under sec.8/18 (b) of the NDPS Act and he was sentenced to 12 years' rigorous imprisonment and Rs.1,20,000/- fine, in default of payment of fine, 3 years' rigorous imprisonment. Criminal Appeal against conviction and sentence is also pending before this Court. So far he has completed 8 years 1 month & 8 days imprisonment till 13th March 2012. Since he is eligible for release on first 20 days parole, he sent a letter for his first parole of 20 days.
On the other hand, learned Addl. Government Counsel, during the course of arguments, contended that the convict- prisoners of NDPS Act cases are not covered by the Rajasthan Prisoners (Release on Parole) Rules, 1958 as rule 1(c) clearly states that these Parole Rules would not apply to those prisoners who have been convicted under a law, to which executive powers of the Union of India extends.
Recently, in the case of D.B. Civil Writ (Parole) Petition No.12294/2011 - Sambhoo Dayal v. State of Raj. & others, decided on 22nd March 2012, a Hon'ble Division Bench of this S.B. Cr. Parole Writ Petition No.1763/2012 Hanuman v. State of Raj. & ors 2/3 Court has concluded that convict-prisoners of NDPS Act cases are not covered by the Parole Rules of 1958 but are covered by the Rules framed by the Central Government. According to the Rules framed by the Central Government, the convict-prisoners of NDPS Act are eligible for only urgent parole in case of their ill health, or in case of ill-health of parents, husband, wife, or child. Thus, the accused-petitioner is not entitled on regular parole of 20 days as per Rules of 1955.
I have heard the learned Public Prosecutor and perused the Letter Petition of the convict-prisoner Hanuman.
In the case of Sambhoo Dayal (supra), learned Division Bench of this Court held as under:
"Question No.(1) (1) Whether the Rajasthan Prisoners Release On Parole Rules, 1958 are applicable in the cases where sentence of imprisonment is for an offence relating to a matter to which executive power of Union extends such as under NDPS Act.
Answer 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."
A bare perusal of the Rules framed by the Central Government prescribes that the convict-prisoner of NDPS Act is S.B. Cr. Parole Writ Petition No.1763/2012 Hanuman v. State of Raj. & ors 3/3 entitled to emergent parole only in case of his/her ill health or in case of ill-health of parent, husband, wife or child. Thus, a convict-prisoner of NDPS Act is not entitled to be released on regular parole under the Rajasthan Prisoners Release on Parole Rules, 1958.
Therefore, this Letter Petition is devoid of merit and the same is hereby dismissed. However, the prisoner is free to move an application as per Rules framed by the Central Government.
(NARENDRA KUMAR JAIN-II),J.
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