Nawab Singh, J. - (1.) PETITIONER is undergoing rigorous imprisonment for a period of ten years in case bearing First Information Report No. 30 dated February 25th, 2005 under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "the Act"), Police Station -Radhaur, District Yamuna Nagar. He is confined in District Jail, Yamuna Nagar.
(2.) THE Petitioner filed application to release him temporarily on parole for repair of the house. As per the jail custody certificate dated May 11th, 2011, issued by Deputy Superintendent, District Jail, Yamuna Nagar, out of ten years, the Petitioner has already undergone actual sentence of 5 years 9 months and 9 days. State has filed reply averring therein that the parole was declined by Commissioner, Ambala Division, Ambala by order dated November 26th, 2010 (Annexure R -2) on the ground that that the Petitioner has not earned 'first annual good conduct remission' under Section 4(1) of Haryana Good Conduct Prisoner (Temporary Release) Act 1988.
(3.) LEARNED Counsel for the Petitioner has urged that since a convict undergoing imprisonment under the Act is not entitled to remissions, 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.;