Ajay Rastogi, J. - (1.) INSTANT petition has been filed by petitioner who has been convicted & sentence for 10 years' RI alongwith a fine of Rs. One lac under Section 8/18 of the NDPS Act; seeking emergent parole under Rule 10A of Rajasthan Prisoners' Release on Parole Rules, 1958 ("Parole Rules") on the premise that marriage ceremony of his deceased brother's elder daughter (Miss Sapan) is going to be solemnised on 01/04/2010 and he being elder in the family, his presence is required in course of marriage ceremony.
(2.) RULE 10A of Parole Rules clearly provides that emergent parole can be granted in four contingencies ad infra: 10A -(i) Not withstanding the provisions of Rules 3, 4, 5, 9 and 10, in emergent cases, involving humanitarian consideration viz. (1) Critical condition of account of illness of any close relations i.e. Father, mother, wife, husband, children, brother or unmarried sister; (2) Death of any such close relation; and (3) Serious damage to life or property from any natural calamity. (4) Marriage of a prisoner, his/ her son or daughter or his/her brothers/sisters in case his/her parents are not alive. In instant case, emergent parole has been sought on the ground of marriage of brother's daughter of the petitioner, which is not covered under Rule 10 -A(4) of Parole Rules (supra). Consequently, writ petition fails and is hereby dismissed.;