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The convict preferred an application for release on (2 of 4) [CRLW-60/2018] permanent parole, however, the same has been rejected by the State Government vide order dated 12.6.15 observing that he has not deposited the amount of fine Rs. 1 lac.

A reply to the writ petition has been filed on behalf of the State stating that in view of the decision dated 22.3.12 passed by a Coordinate Bench of this Court in D.B. Civil Writ (Parole) Petition No. 12294/2011 "Shambhu Dayal Vs. State and Ors.", the Rajasthan Prisoners Release on Parole Rules, 1958 ('Parole Rules, 1958'), are not applicable in respect of the convicts who are undergoing sentences under the NDPS Act. It is submitted that the matters pertaining to grant of parole to the convicts for offence under the NDPS Act are referred by the State Government to the Department of Home, Government of India. It is submitted that the application preferred by the convict for grant of parole to the Central Government stands rejected vide order dated 7.6.16 and therefore, he is not entitled for grant of parole as prayed for.

In this view of the matter, when the sentences awarded were directed to be run concurrently, the convict has already undergone the sentence awarded for conviction under Section 8/18 of the NDPS Act including the period of imprisonment he was required to undergo on account of default in payment of fine and thus, the question of denial of parole to the convict on account of non- payment of fine of Rs. 1 lac imposed upon him for conviction under the NDPS Act does not arise. For the parity of reasons, the bar of consideration of the grant of parole to the offender convicted for offence under NDPS Act cannot operate so as to deny him permanent parole under the Parole Rules, 1958.

In view of the discussion above, the decision of the State Government in rejecting the parole application of the convict seeking permanent parole under the provisions of Parole Rules, 1958, on account of non-payment of fine of Rs. 1 lac imposed for conviction under Section 8/18 NDPS Act is not sustainable. The convict having already undergone the sentence awarded for his conviction under Section 8/18 of the NDPS Act, his application for grant of permanent parole deserves to be considered by the State Government under the provisions of Parole Rules, 1958 without insisting upon him to deposit the fine of Rs. 1 lac imposed as aforesaid while convicting him for offence under the NDPS Act.