Rajasthan High Court - Jodhpur
Lalchand Soni vs State Of Raj on 23 May, 2012
Author: R.S.Chauhan
Bench: R.S. Chauhan
[1]
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
JUDGMENT
Lalchand Soni Vs. State of Rajasthan & Ors.
S.B. Parole Writ petition No.4527/12
Under Article 226 of the
Constitution of India.
Date of Judgment: May 23, 2012
PRESENT
HON'BLE MR. JUSTICE R.S. CHAUHAN
Miss. Anita Gehlot, Amicus Curiae.
Mr. K.R. Bishnoi, Public Prosecutor, for the State.
BY THE COURT:
A letter has been received from the convicted prisoner of Central Jail, Bikaner. The said letter has been treated as a letter petition by this court. This Court appointed Miss. Anita Gehlot as amicus curiae.
According to Miss Gehlot, the petitioner was convicted for offences under Sections 8/18 of NDPS Act. He was sentenced to ten years of rigorous imprisonment and was imposed with a fine of Rs.1,00,000/-. So far, he has [2] completed four years, eight months and one day. Since he is eligible for release on first parole under the Rajasthan Prisoners (Release on Parole) Rules, 1958, he has sent the letter for his first parole of twenty days.
On the other hand, the learned Public Prosecutor contended that the convicted prisoners of NDPS Act are not covered by the Rajasthan Prisoners (Release on Parole) Rules. For, Rule 1(c) clearly states that the parole rules would not apply to those prisoners who have been convicted under a law to which the executive power of the Union of India extends. Recently in the case of Shambhu Dayal V/s. The State of Rajasthan & Ors. - D.B. Civil Writ (Parole) Petition No.12294/2011 decided on 22.03.201v2, the Division Bench has concluded that the convicted prisoners of NDPS Act 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 convicted 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 petitioner is not entitled to be released on first parole of twenty days.
Heard the learned counsel for the parties. In the case of Shambhu Dayal (supra), the [3] learned Division Bench has 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 convicted prisoner of NDPS Act is entitled to prole only in case of his/her ill-health, or in case of ill-health of parents, husband, wife or child. Thus a convicted prisoner of NDPS Act is not entitled to be released on regular parole under Rule 9 of the Rajasthan Prisoners Release on Parole Rules, 1958.
Therefore, this letter petition is devoid of any merit; it is, hereby, dismissed.
(R.S.CHAUHAN), J.
arora/ 146