JUDGMENT

Vikas Bahl, J. (Oral). - This is the fourth Criminal Writ Petition filed under Article 226 of the Constitution of India read with the Punjab Good Conduct Prisoners Temporary Release Act 1962 for the issuance of a writ in the nature of Certiorari for quashing of order passed by the District Magistrate, Ludhiana dated 20.12.2021 (Annexure P-4) denying parole to the petitioner.

2. Learned counsel for the petitioner has submitted that the petitioner was convicted vide judgment dated 13.02.2020 in FIR No. 85 dated 16.09.2017 under Section 15 of the NDPS Act, 1985 and was sentenced to undergo rigorous imprisonment for a period of 10 years and against the same, the petitioner has preferred an appeal which is pending before this Hon'ble High Court and the petitioner has been in custody since the last 3 years and 22 days. The petitioner had applied for parole for a period of 8 weeks for the repair of his house and to look after his mother and the same was not recommended by the Commissioner of Police, District Ludhiana-respondent No. 3. It is further submitted that the non-recommendation was non speaking inasmuch as, there was no evidence/material forthcoming as to how peace and harm