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2024 Supreme(P&H) 186

KULDEEP TIWARI
Shivam Yadav – Appellant
Versus
State of UT Chandigarh – Respondent


Advocates appeared:
For the Parties : Mr. Hoshiar Singh Jaswal, Mr. J.S. Toor Addl. Public Prosecutor

Judgment

Mr. Kuldeep Tiwari, J.

Through the instant criminal writ petition, as filed under Article 226 of the Constitution of India, the petitioner seeks quashing of the order dated 16.06.2023 (Annexure P-1), whereby, the respondent No.1, has declined to grant parole to the petitioner. In addition, the petitioner seeks his being released on parole for a period of 4 weeks.

2. The reply, as furnished on affidavit of respondent No.2, and, the custody certificate of the petitioner, as filed by the learned State counsel, are taken on record.

3. The petitioner has been convicted by the learned Judge, Special Court, Chandigarh, through drawing a verdict of conviction on 22.01.2020, in case FIR No.74 dated 10.03.2018, under Section 22 of the N.D.P.S Act, registered at P.S. Sector 11, Chandigarh. Consequent to the drawing of the verdict of conviction, the petitioner has been sentenced to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.90,000/-.

4. The petitioner being eligible for parole, under provisions of The Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, and Amended Act 2018, applied before the respondent No.1, for grant of parole for 28 days. His case for par

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