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2021 Supreme(HP) 523

TARLOK SINGH CHAUHAN, CHANDER BHUSAN BAROWALIA
Het Ram – Appellant
Versus
State Of H. P. & Ors. – Respondent


Advocates appeared:
Saurav Rattan, Advocate, Ashok Sharma, Advocate, J.S. Guleria, Advocate, Bhupinder Thakur, Advocate

JUDGMENT

Tarlok Singh Chauhan, J. - The request made by the petitioner for releasing him on parole has been turned down by the respondents, constraining him to file the instant petition for the grant of following substantive relief:-

"That the petitioner may kindly be granted parole according to his entitlement as per rules."

2. The grounds for rejecting the request of the petitioner is that he has been convicted for heinous crime i.e. for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (for short 'ND&PS Act") and in case the petitioner is released on parole, there is apprehension that he may indulge in drugs peddling and may provoke the local inhabitants.

3. Now the moot question is whether the request for grant of parole can be rejected only on the ground that the petitioner has been convicted for a serious and heinous offence.

4. It is more than settled that the grant of remission or parole is not a right vested with the prisoner. It is a privilege available to the prisoner on fulfilling certain conditions. This is a discretionary power which has to be exercised by the authorities conferred with such powers under the relevant rules/regul

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