2016 (10) TMI 142 - HC - Indian Laws

Seeking release on permanent parole on the ground that he has completed 14 years of sentence awarded to him including remission - offense under NDPS act - Held that - The case of the petitioner is required to considered by the Central Government and the reasons which have been incorporated for denial of permanent parole that the convict has not deposited the fine amount of ₹ 1,00,000/-, is also not sustainable in law as on account of non-payment of fine, the convict served the additional sentence imposed by the trial court. Accordingly the petitioner s case is required to be considered for the purpose of grant permanent parole. In view of above, the order passed by State Level Parole Committee, qua the present petitioner/convict, is hereby quashed and it is ordered that the petitioner s case may be forwarded to the Central Government for consideration and it is further directed that at the time of considering the case of the petitioner for grant of permanent parole, the directions issued by Division Bench of this Court in the case of Shambhu Dayal (2012 (3) TMI 564 - RAJASTHAN HIGH COURT) shall be taken into consideration and thereafter the prayer of the petitioner for grant of permanent parole may be decided strictly in accordance with Rules within a period of one month from the date of receipt of application from the respondent-State.

Summary

Issues:
- Consideration of parole petition for release on permanent parole
- Requirement of depositing fine amount for parole consideration
- Applicability of Rules for cases under NDPS Act

Consideration of Parole Petition: The petitioner, a convict, filed a parole petition seeking permanent parole after completing 14 years of his sentence, including remission. The State rejected the petition as the convict had not deposited the fine amount of ?1,00,000 imposed by the trial court. The Public Prosecutor argued that the non-deposit of the fine amount led to the rejection of the petition by the State Level Parole Committee.

Deposit of Fine for Parole Consideration: The Court referred to a previous case, Shambhu Dayal Vs. State of Rajasthan, where it was established that the deposit of the fine amount is not a prerequisite for considering a parole application. The Rules of 1955 framed by the Central Government do not mandate the deposit of fines for parole consideration. The Court held that it is inappropriate to insist on the deposit of fines for parole applications under the NDPS Act.

Applicability of Rules for NDPS Act Cases: The Court clarified that the Rajasthan Prisoners Release on Parole Rules, 1958, do not apply to cases under the NDPS Act or where the convict is sentenced for an offense under a law falling under the executive power of the Union. Such cases are to be governed by the Rules of 1955 framed by the Central Government. The Court directed that the petitioner's case be considered by the Central Government, and the State Level Parole Committee's order was quashed. The Central Government was instructed to consider the case within one month, adhering to the directions given in the Shambhu Dayal case.

In conclusion, the Court disposed of the parole petition, emphasizing that the petitioner's case for permanent parole should be considered by the Central Government without insisting on the deposit of the fine amount. The judgment highlighted the necessity of following the appropriate rules and guidelines for parole consideration in cases falling under the NDPS Act and laws under the Union's executive power.