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2020 Supreme(P&H) 530

LALIT BATRA
Avinash @ Golu – Appellant
Versus
State of Punjab – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Onkar Rai, Advocate
For the Respondent:Mr. H.S. Sitta, Assistant Advocate General

JUDGMENT :

Lalit Batra, J.

1. Case has been taken up for hearing through Video Conferencing due to Covid-2019.

2. This criminal writ petition under Article 226 of the Constitution of India read with Section 3 (1) (b) & (d) of The Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (hereinafter to be referred as “Act, 1962”) is for issuance of a writ in the nature of certiorari for quashing order dated 17.08.2019 (Annexure P/2) rendered by respondent No.4-District Magistrate-cum-Deputy Commissioner, Kapurthala, vide which request for grant of parole to the petitioner for a period of six weeks, has been declined.

3. The petitioner has been convicted for the commission of offence punishable under Section 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “NDPS Act”) in case FIR No.29 dated 05.04.2017 under Section 22 of NDPS Act, registered at Police Station Satnampura, Phagwara, District Kapurthala, vide judgment of conviction and order of sentence both dated 02.07.2018 and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs.1,00,000/- and in case of default of payment of fine to further undergo rigorous imprisonment for o

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