- (1.) BY this Parole Petition, wife of the accused-prisoner Pramod Kumar s/o Rana Ram, who is presently in judicial custody at the Central Jail, Jodhpur, has prayed for first regular parole of 20 days' to her husband.
(2.) AS per her application, accused-prisoner Pramod Kumar has been convicted for commission of offences punishable under sec.8/21 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 imprisonment for 06 months. In the present case, the convict-prisoner Pramod Kumar was accorded 20 days' parole by order dated 22.03.2012 passed by the Director General (Prisons), passed in compliance of order dated 23.01.2012 passed by this Court while disposing of earlier letter petition (No.12622/2011) filed by the petitioner. However, in pursuance of decision rendered by a Division Bench of this Court in D.B. Cr. Parole Petition No.12294/2011- Sambhu Dayal v. State of Raj. & others on 22.03.2012, the Director General (Prisons) re-considered the matter and re-called his order dated 22.03.2012 according parole to the convict-prisoner Pramod and hence, convict-prisoner was not released for availing the parole. Aggrieved by non-release of her husband despite grant of parole on 22.03.2012, present fresh parole petition has been filed by the petitioner. 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 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. Therefore,, this Letter Petition by wife of accused-prisoner Pramod Kumar for 20 days' regular parole is not maintainable and the same is hereby dismissed. However, the accused- prisoner is free to move an application before competent authority of Ministry of Home Affairs as per Rules framed by the Central Government. ;