Hon'ble MISHRA, CJ.—Reference has been made by the Single Bench on 8.11.2011 with respect to the grant of first regular parole to the petitioner Shambhu Dayal, who has been convicted for committing offence under Section 8 read with Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the NDPS Act”) and sentenced to undergo 10 years rigorous imprisonment with fine of Rs.1 lac. The question referred by the Single Bench is to the effect whether the order dated 4.5.2011 passed by the Single Bench in S.B. Civil Writ Petition (Parole) No.5711/2011 is the obtaining law or whether a convict after having undergone the statutory period of sentence is entitled to be considered for parole both regular and permanent without the question of payment of fine being reckoned.

2. When the arguments on the aforesaid question were being heard by the Division Bench, it was considered necessary to consider the aspect whether in the cases where conviction is under NDPS Act, the provisions of Rajasthan Prisoners Release On Parole Rules, 1958 (hereinafter referred to as “the Parole Rules, 1958”) are applicable. This question arose on 2.1.2012; the matter was furthe

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