PUSHPENDRA SINGH BHATI,J. - (1.) This criminal parole writ petition under Article 226 of the Constitution of India has been preferred by the wife of Convict Mehula Kumar Panchal claiming the following relief:- "It is, therefore, must humbly and respectfully prayed that this parole writ petition may kindly be allowed and the convict prisoner Mahul Kumar Panchal S/o Shri Narayan Bhai presently lodged in Central Jail Jodhpur may kindly be released on parole for a period of 15 days from the date of his release."
(2.) Brief facts of this case, as noticed by this Court, are that the petitioner's husband was convicted for the offence under Section 8/18 of the NDPS Act, and has been sentenced to undergo 12 years' rigorous imprisonment along with fine stipulated. The petitioner's husband (convict/prisoner) has filed an appeal against his conviction, which is pending before this Hon'ble Court. The petitioner's husband has already undergone the sentence for more than three years.
(3.) The factum of three years of imprisonment is refuted in the reply filed by the prosecution, and thus, the basic information given in the petition by the petitioner is wrong, as the learned Public Prosecutor in his reply has provided the detail which indicates that the petitioner's husband while under trial remained in custody for 7 months and 14 days. In the reply of the prosecution, it has been stated that after award of the sentence, the petitioner's husband served 11 months and 27 days of imprisonment, and therefore, in totality, the petitioner's husband has undergone only 1 year, 7 months and 11 days of imprisonment. Since the petitioner has come with clean hands before this Court, therefore, he does deserve any consideration for grant of parole. However, even if seen on the merits of the case then also the provision governing the Central Law of NDPS Act is the Gazette Notification issued by Ministry of Home Affairs on 09.11.1955, which reads as follows:- Ministry of Home AffairsNew Delhi-2, the 9th November, 1955 S.R.O. 3491:- In exercise of the power conferred by sub Section (6) of section 401 of the Code of Criminal Procedure, 1973 1898 (Act V of 1898), the Central Government hereby makes the following rules:- I. Where a petition for suspension of the execution of a sentence of imprisonment or for remission of the whole or part of a sentence of imprisonment is made by or on behalf of a person sentenced to imprisonment for an offence against any law relating to a matter to which the executive power of the Union extends and the person sentenced to such sentence of imprisonment is in Jail, the execution of the sentence shall be suspended and such person released on parole, subject to the conditions specified in rule 3, for such period, exceeding fifteen days, as may be necessary for obtaining the orders of the Central Government on the petition, if the State Government of the State in which such person is detained in jail is satisfied that the immediate release of such person on parole is rendered necessary by reason of any illness constituting a grave threat to the life of such person or of a parent, wife, husband or child of such person. II A State Government ordering a release on parole under rule 1 shall forthwith report the full facts and circumstances of the case to the Central Government while forwarding the petition to the Central Government and the Central Government may on consideration of the report and petition make such order as they deem fit. III A person released on parole under rule 1 shall enter into a bond undertaking to reside during the period of his parole at a place specified therein and not depart therefrom without the previous permission of the State Government and to return to the jail in which he is confined on expiry of the period of his parole, and to conform to such order conditions as the State Government may consider necessary.";