- (1.) BY this Parole Petition, the accused-prisoner Mangi Lal @ Mana Ram s/o Virda Ram, who is presently serving imprisonment at the Central Jail, Jodhpur, has prayed for grant of first 20 days' regular parole, as the application made by him to the authorities concerned was not considered.
(2.) AS per reply to the letter petition submitted on behalf of respondents, the accused-prisoner Mangi Lal @ Mana Ram s/o Virda Ram has been convicted for commission of offences punishable under sec.8/15 of the NDPS Act and sentenced to 10 years rigorous imprisonment with fine of Rs.1 Lac, in default of payment whereof to undergo further rigorous imprisonment for 02 years. In view of rule 1(c) of the Rajasthan Prisoners (Release on Parole) Rules, 1958, these Parole Rules would not apply to those prisoners who have been convicted under a law, to which executive powers of the Union of India extends. Further, in view of Division Bench judgment of this Court in the case of Sambhoo Dayal v. State of Raj. & others (D.B. Civil Writ (Parole) Petition No.12294/2011 � decided on 22nd March 2012) accused/convict-prisoners of NDPS Act cases are not covered by the Parole Rules of 1958 but are covered by the Rules framed by the Central Government and such cases have to be dealt with in accordance with the Rules of 1955 framed by the Central Government, Ministry of Home Affairs. In view of aforesaid position of law, I find that the accused-prisoner Mangi Lal @ Mana Ram being convicted for offence punishable under the NDPS Act, is not entitled to be considered under the Rajasthan Prisoners Release on Parole Rules, 1958. He may, however, prefer appropriate application under the Rules of 1955 framed by the Central Government. In the result, this Letter Petition by the convict-prisoner Mangi Lal @ Mana Ram s/o Virda Ram for 20 days' regular parole is hereby dismissed being not maintainable under the Rules of 1958, however, he is free to move an application before competent authority of Ministry of Home Affairs as per Rules framed by the Central Government.;