- (1.) THE petitioner-prisoner Buddu Singh @ Budh Singh s/o Bhadar Singh Jat Sikh, who is serving sentence of 10 years' imprisonment at Central Jail, Bikaner being convicted for offence under sec.8/15 of the NDPS Act; has filed this letter parole petition, inter alia, praying for premature release under Rajasthan Prisoners Shortening of Sentence Rules, 2006.
(2.) IN the reply to the petition filed on behalf of respondents, it is stated that the petitioner-prisoner was convicted by the learned Special Judge, NDPS Act, Rajgarh, Churu for offence under sec.8/15 NDPS Act and sentenced him for 10 years' rigorous imprisonment with fine of Rs.1 Lac, in default of payment whereof to undergo further two years & six months rigorous imprisonment and as on 25.6.2012, the petitioner- prisoner has served imprisonment of 09 years 02 months 22 days against his period of sentence. It is further submitted that in view of rule 9 of the Rules of 2006, prisoners convicted under NDPS Act, 1985 are not eligible for consideration by the Advisory Board for premature release under these Rules of 2006. Moreover, sec.32A of the NDPS Act itself bars any suspension, remission or commutation in any sentence awarded udner the NDPS Act. It is, therefore, submitted that prayer of the petitioner-prisoner for premature release, he being convicted under sec.8/15 of the NDPS Act, can not be entertained and accepted. Having considered the averments made in the reply filed on behalf of respondents and in view of explicit statutory provisions stipulated under rule 9 of the Rules of 2006 and sec.32A of the NDPS Act itself; the petitioner is not entitled for the benefit prayed by this letter petition and the same is liable to be dismissed. This letter petition by the petitioner-prisoner Buddhu Singh @ Budh Singh s/o Bhadar Singh is, therefore, dismissed.;