Rajasthan High Court - Jodhpur
Smt Hawa Devi vs State on 14 November, 2018
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writs No. 414/2018
Smt Hawa Devi W/o Shri Jetharam, Aged About 24 Years, B/c
Jat, R/o Lawera Khurd, P.s. Kherapa, Tehsil Bawari, Dist.
Jodhpur. (Convict/prisoner Jetharam S/o Dhanaram At Present
Lodged In Central Jail, Jodhpur)
----Petitioner
Versus
1. State, Through Secretary, Department Of Home,
Secretariat, Rajasthan, Jaipur.
2. The Superintendent, Central Jail, Jodhpur
----Respondents
For Petitioner(s) : Mr. KR Bhati
For Respondent(s) : Mr. VS Rajpurohit, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 14/11/2018
1. The matter pertains to parole and the accused petitioner has been convicted for the offence under Section 8/15 of the NDPS Act.
2. Learned Public Prosecutor states that the emergent parole in NDPS cases cannot be granted, as it does not fall within the purview of the circular of the Central Government issued. The provision governing the Central Law of NDPS Act is the Gazette Notification issued by Ministry of Home Affairs on 09.11.1955, which reads as follows :-
"MINISTRY OF HOME AFFAIRS New Delhi-2, the 9th November, 1955 S.R.O. 3491 :- In exercise of the power conferred by sub Section (6) of section 401 of the Code of Criminal Procedure, 1898 (Act V of 1898), the Central Government hereby makes the following rules :-
(2 of 3) [CRLW-414/2018]
I. Where a petition for suspension of the execution of
a sentence of imprisonment or for remission of the whole or part of a sentence of imprisonment is made by or on behalf of a person sentenced to imprisonment for an offence against any law relating to a matter to which the executive power of the Union extends and the person sentenced to such sentence of imprisonment is in Jail, the execution of the sentence shall be suspended and such person released on parole, subject to the conditions specified in rule 3, for such period, not exceeding fifteen days, as may be necessary for obtaining the orders of the Central Government on the petition, if the State Government of the State in which such person is detained in jail is satisfied that the immediate release of such person on parole is rendered necessary by reason of any illness constituting a grave threat to the life of such person or of a parent, wife, husband or child of such person.
II A State Government ordering a release on parole under rule 1 shall forthwith report the full facts and circumstances of the case to the Central Government while forwarding the petition to the Central Government and the Central Government may on consideration of the report and petition make such order as they deem fit. III A person released on parole under rule 1 shall enter into a bond undertaking to reside during the period of his parole at a place specified therein and not depart therefrom without the previous permission of the State Government and to return to the jail in which he is confined on expiry of the period of his parole, and to conform to such order conditions as the State Government may consider necessary."
3. This Court has perused the aforementioned circular and finds that the case for grant of parole is not made out in the (3 of 3) [CRLW-414/2018] present criminal writ petition, as it does not provide for parole on death of relative in NDPS cases.
4. Consequently, the present criminal writ petition is dismissed.
(DR. PUSHPENDRA SINGH BHATI),J sudheer Powered by TCPDF (www.tcpdf.org)