Nawab Singh, J. - (1.) DHARAMPAL -Petitioner is undergoing rigorous imprisonment for a period of ten years in case bearing First Information Report No. 182 dated April 16th, 2007 under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the Act"), Police Station -City Thanesar, Kurukshetra. He is confined in District Jail, Kurukshetra.
(2.) THE Petitioner filed application to release him temporarily on parole for repair of his house. District Magistrate, Kurukshetra vide report dated November 2nd, 2010 (Annexure P/1) recommended the parole stating that the house requires repairs. However, the parole was declined by the Commissioner, Ambala Division, Ambala by order dated November 16th, 2010 (Annexure P/2) on the ground that the Petitioner has not earned 'first annual good conduct remission' under Section 4(1) of Haryana Good Conduct Prisoner (Temporary Release) Act 1988 (for short, "the 1988 Act"). Learned Counsel for the Petitioner has urged that since the Petitioner is undergoing imprisonment under the Act, he is not entitled to remissions, a fact which has not been refuted by the State counsel, so question of earning first annual good conduct remission by the Petitioner does not arise and as such, the Commissioner was not justified in rejecting the application of the Petitioner on this flimsy ground. Petitioner has already undergone more than two and half years of actual sentence including under -trial period.
(3.) A perusal of impugned order dated November 16th, 2010 (Annexure P/2) passed by Commissioner, Ambala Division, Ambala shows non application of mind. While rejecting parole to the Petitioner, reference has been made to Section 4(1) of the 1988 Act which relates to temporary release of prisoners on furlough. However, it is Rule 4(1) of the Haryana Good Conduct Prisoners (Temporary Release) Rules, 2007, which envisages earning of first annual good conduct remission by a prisoner.;