2012 (3) TMI 564 - HC - Indian Laws

Summary

Issues Involved:
1. Applicability of Rajasthan Prisoners Release on Parole Rules, 1958 in cases under NDPS Act.
2. Necessity of depositing fine before consideration of parole application.

Summary:

Issue 1: Applicability of Rajasthan Prisoners Release on Parole Rules, 1958 in cases under NDPS Act

The court examined whether the Rajasthan Prisoners Release on Parole Rules, 1958 (Parole Rules, 1958) apply to convicts under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). Rule 1(c) of the Parole Rules, 1958 specifies that these rules do not apply to persons sentenced for an offence against any law relating to a matter to which the executive power of the Union of India extends. Instead, such persons are governed by the Central Rules made under the Notification of the Government of India, Ministry of Home Affairs No.40/32/55-Judl.I dated 9th November, 1955. The court concluded that the Parole Rules, 1958 are not applicable to persons convicted under the NDPS Act, and such cases must be dealt with according to the Central Rules of 1955.

Issue 2: Necessity of depositing fine before consideration of parole application

The court addressed whether it is necessary for a convict to deposit the fine imposed before their parole application is considered. It was argued that there is no provision under the Parole Rules, 1958 mandating the deposit of fine before considering a parole application. The court held that deposit of fine cannot be a condition precedent for the consideration of a parole application. Parole is not a suspension of sentence, and during the parole period, the sentence continues to run. The court found that the decision in Shiv Shanker Teli's case, which required the deposit of fine before considering parole, was per incuriam and not in accordance with law. Therefore, a convict is entitled to be considered for parole without the necessity of depositing the fine.

Conclusion:

1. The Rajasthan Prisoners Release on Parole Rules, 1958 are not applicable to convicts under the NDPS Act. Such cases must be dealt with according to the Central Rules of 1955.
2. Deposit of fine is not a condition precedent for the consideration of a parole application. The convict is entitled to be considered for parole without the necessity of depositing the fine.

The matter was directed to be placed before the Single Bench for orders on the parole petition, and a copy of the order was to be sent to relevant authorities for information.