Honble MISRA, J.–The question that falls for consideration in this writ petition is whether an accused like the petitioner herein who has been convicted and sentenced for the offence under the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter shortly referred to as `the N.D.P.S. Act of 1985) can at all avail the privilege of `parole under the Rajasthan Prisoners Release on Parole Rules, 1958 (for short `Rajasthan Prisoners Rules, 1958) for any reason whatsoever.

(2). A slight enumeration of the circumstances would indicate that the petitioner herein-Samiullaha has been convicted and sentenced for an offence under Sec. 8/21 of the N.D.P.s. Act, 1985 vide judgment and order dated 25.9.2000 passed by the Special Judge, N.D.P.S., Jaipur against which the petitioner has preferred as appeal before this High Court which is pending. During pendency of the appeal and while undergoing the sentence, the petitioner filed an application before the Jail authorities for emergency parole under Rule 10-A of the Rajasthan Prisoners Rules, 1958 for the treatment of his minor son Wahid on the plea that he has developed Brain Tumour and has been referred for further treatment to Mumbai by

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