Mr. Kuldip Singh, J.: - Petitioner seeks quashing of order dated 1.8.2014 (Annexure P1), passed by the District Magistrate, Ludhiana, wherein parole to the present petitioner was not recommended. Consequently, the petitioner was not released on parole for four weeks.

2. The petitioner was convicted by the learned Judge, Special Court, Ludhiana under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in FIR No.95 dated 28.4.2008 registered at Police Station Jagraon and was sentenced to undergo rigorous imprisonment for ten years and pay fine of Rs.1 lacs and in default thereof, to further undergo RI for one year. Criminal Appeal CRA- S-1285-SB of 2011 against the said judgment is pending. Previously, the petitioner had availed parole from 11.4.2012 to 12.5.2012 under the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (for short ‘the Act’). The Superintendent of Central Jail, Ludhiana for the second time, initiated the regular four weeks parole, for the petitioner to meet his family. However, the District Magistrate has reported that accused/petitioner may deal in smuggling of narcotics. It is stated by the learned counsel for the petitioner that the said ground is not justified. Parole of four weeks is allowed to convict who maintains good conduct in jail and the conduct of the petitioner in the jail and outside the jail is satisfactory. Moreover, he had not misused his previous parole.

3. In reply, the State took the plea that following criminal cases are pending / decided against the present petitioners:-

1. In FIR No.303 dated 5.10.2007 under Section 15 of NDPS Act and Sections 471, 472, 473 IPC Police Station Jagraon the petitioner was convicted and sentenced on 21.7.2011 to undergo RI for six months and fine of Rs.2000/-, in default thereof, to undergo further RI for one month under Section 15 of NDPS Act, RI for one year and fine of Rs.500/-, in default thereof, to further undergo RI for seven days under Section 471 IPC, RI for one year six months and fine of Rs.1500/-, in default thereof, to further undergo RI for fifteen days under Section 472 IPC.

2. Petitioner was convicted and sentenced on 25.2.2011 in FIR No.92 dated 18.11.2006 under Section 15 of NDPS Act, Police Station Sudhar to undergo RI for one year and six months and fine of Rs.2000/-, in default thereof, to further undergo RI for one month.

3. Petitioner is on bail in FIR No.137 dated 28.6.2013 under Section 52-A (1) of Prison Act, at Police Station Division No.7, Ludhiana since 7.11.2013.

4. Petitioner was convicted and sentenced on 19.9.2013 in FIR No.124 dated 28.8.2012 under Section 52-A(1) of Prison Act, registered at Police Station Division No.7, Ludhiana and sentenced to undergo RI for one year.

4. It is stated that a mobile phone was recovered from the possession of the accused/petitioner in jail, with regard to which FIR No.124 mentioned above was registered and he was convicted and sentenced for the same.

5. Petitioner had produced Panchayatnama (Annexure P3) before respondent No.2 to initiate his request for the grant of parole for four weeks. The District Magistrate has submitted the report which says that after coming out on parole, the petitioner may get involved in smuggling of intoxicated drugs. Further the competent authority is competent to decline the parole release specifying ‘endanger to the security of the public order’.

6. I have heard counsel for the parties and have gone through the file.

7. The petitioner seeks four weeks parole to meet his family. It is not disputed that previously, the petitioner remained on parole from 11.4.2012 to 12.5.2012 and thereafter, surrendered in jail, showing that he had not misused his parole. So far as cases mentioned by the respondents are concerned, these pertain to the period before his release on parole in the year 2012 except two cases i.e. FIR No.137 dated 28.6.2013 under Section 52-A of the Prison Act and FIR No.124 dated 28.8.2012 under Section 52-A of