Gujarat High Court
Chhaganbhai Chhitubhai vs State Of Gujarat & on 28 November, 2013
Author: S.H.Vora
Bench: S.H.Vora
CHHAGANBHAI CHHITUBHAI....Applicant(s)V/SSTATE OF GUJARAT R/SCR.A/3579/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION NO. 3579 of 2013 ================================================================ CHHAGANBHAI CHHITUBHAI....Applicant(s) Versus STATE OF GUJARAT & 2....Respondent(s) ================================================================ Appearance: THROUGH JAIL for the Applicant(s) No. 1 MR LR PUJARI APP for the Respondent(s) ================================================================ CORAM: HONOURABLE MR.JUSTICE S.H.VORA Date : 28/11/2013 ORAL ORDER
1. Rule.
Learned APP Mr. Pujari waives service of Rule on behalf of the respondents.
2. Vide present application, the convict through jail challenges the order dated 1.11.2013 passed by the competent Authority, Vadodara, whereby the convict s parole leave appilcation for 15 days to enable him to pay fine of Rs.1 Lac is rejected.
3. It appears that the convict is sentenced to suffer 10 year imprisonment and also to pay fine amount of Rs.1 Lac, in default, on year imprisonment under the provisions of NDPS Act. It appears that parole leave application is rejected on the ground that the competent authority has not received police opinion and further the convict should pay fine through other sources. The convict has stated in the application that there is no one in the family, who can arrange such huge amount as fine and it seems that the competent Authority has not considered this fact and without obtaining police opinion rejected the convict s parole leave application.
4. Under the circumstances, present application is required to be allowed and the competent Authority is directed to decide the convict s parole leave application dated 24.9.2013 afresh after obtaining police opinion and after considering the reasons stated by the convict in his application and pass appropriate order within two weeks from the date of receipt of this order and communicate the same to the convict.
5. In view of the above, present application stands disposed of. Rule is made absolute to the aforesaid extent.
(S.H.VORA, J.) YNVYAS Page 2 of 2