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L. Wasib Khan – Appellant
Versus
State represented by its Deputy Inspector General of Prisons (Chennai Range), Chennai – Respondent
JUDGMENT :
P.N. Prakash, J.
Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to call for the records in No.6332/t.k.2/2021 dated 23.03.2021 passed by the second respondent and quash the same and direct the second respondent to grant 30 days leave without escort to the convict, viz., Wasib Khan, S/o Liaquat Ali, confined at the Central Prison, Puzhal-I.
1. A short, but, very interesting legal conundrum has been raised by Mr.Mohamed Saifullah in this case, to appreciate which, we need to state the minimum facts.
2. Wasib Khan, the petitioner herein, was convicted on 21.11.2019 by the I Additional Special Court for NDPS Act Cases, Chennai, of the offences under Sections 8(c) read with Sections 22(c) and 8(c) read with Section 29 and 8(c) read with Sections 27-A and 8(c) read with Section 23(c) read with Section 28 of the NDPS Act for possession of commercial quantity of Alprazolam tablets and was sentenced to undergo 10 years rigorous imprisonment for each of the offences, but, the sentences were ordered to run concurrently, together with the benefit of set off under Section 428 Cr.P.C. Challenging the aforesaid convictio
The executive power of the State cannot extend to grant parole or leave or suspension of sentence when the appellate Court has the power to grant suspension of sentence and bail pending appeal.
The court concluded that the pendency of an appeal cannot serve as a basis for denying a prisoner's application for leave, clarifying the scope of the Tamil Nadu Suspension of Sentence Rules, 1982.
The central legal point established in the judgment is that Rule 35 of the Sentence Suspension Rules prohibits granting leave to a prisoner with a pending criminal case, and Rule 40 does not grant th....
No mandamus under Article 226 to grant ordinary leave to ineligible convicts under Tamil Nadu Suspension of Sentence Rules, 1982, as ordinary leave suspends sentence via subordinate legislation; cann....
The central legal point established in the judgment is that a convict prisoner facing trial cannot be granted leave, and the grant of remission or parole is a privilege available to the prisoner on f....
The main legal point established in the judgment is that the State authorities cannot exercise their power to grant leave under the Tamil Nadu Suspension of Sentence Rules, 1982, when an appeal is pe....
Prisoners may receive ordinary or emergency leave during an appeal under the Tamil Nadu Suspension of Sentence Rules, provided they are not facing concurrent trials, with the Rules aimed at assisting....
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