ORDER :

M.M.SUNDRESH, J.

Challenging the order dated 05.03.2021 passed by the third respondent, the present writ petition has been filed.

2. The petitioner is the convict pursuant to the judgment rendered by the II Additional Special Court under NDPS Act, Chennai, dated 19.12.2019 under the NDPS Act, imposing rigorous imprisonment for a period of 10 years. The trial Court had granted set off, invoking Section 428 Cr.P.C. while rendering the judgment.

3. The petitioner sought for leave on the premise that his presence is required for the family. By the impugned order dated 05.03.2021, it was rejected on the ground that he has completed the period of one year and seven months from the date of conviction. Challenging the same, the present writ petition has been filed.

4. Learned counsel appearing for the petitioner submitted that the impugned order cannot be sustained in the eye of law. The petitioner has been under incarceration right from the date of his initial arrest and, therefore, during the pendency of the trial, he did not come out. The trial Court exercised the power under Section 428 Cr.P.C by giving the benefit for a period of incarceration undergone by him. Therefore, the impug