JUDGMENT :

Prayer: Writ Petition filed under Article 226 of Constitution of India, seeking Writ of Certiorarified Mandamus, to quash the impugned order in No.13231/R.h.3/2020 dated 16.12.2020 passed by the 4th respondent and directing the respondents to grant 30 days ordinary leave without escort to the convict namely Mohamed Zahir, S/o.Muthu Mohamed (C.T.No.3395) confined at Central Prison, Vellore.

This writ petition has been filed challenging the impugned order passed by the fourth respondent rejecting the application submitted by the petitioner, who is the wife of the convict, seeking for ordinary leave.

2. The husband of the petitioner viz.,Mohamed Zahir underwent trial in C.C.No.28 of 2016 for an offence under Section 8(c) r/w Sections 29, 22(c), 27A and 28 of NDPS Act 1985. He was convicted and sentenced to undergo rigorous imprisonment of 10 years and to pay a fine of Rs.1,00,000/-. The trial Court also ordered that the convict will be entitled for set off under Section 428 Cr.P.C.

3. It is seen from records that the husband of the petitioner continued to be in judicial custody right through the proceedings and as on date, he has already undergone sentence of 5 years and 14 day