IMPORTANT POINT
The court established that denial of parole requires substantial evidence of potential danger to public order, not just apprehensions based on prior convictions.

JUDGMENT :

(Amarjot Bhatti, J.) :

Petitioner Kulwinder Singh alias Taina has filed criminal writ petition with a prayer to quash/set aside impugned order dated 10.04.2023 (Annexure P-2) passed by respondent No. 3 District Magistrate, Ferozepur, being illegal, vague, unreasonable and arbitrary with further prayer to issue directions to respondents to release petitioner for eight weeks parole to enable him to meet and look-after his family members and to settle household affairs in accordance with provisions of Section 3(1)(d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, Amended Act 2015-16 and Punjab Government Notification dated 13.12.2018 or issue any other appropriate direction as this Court may deem just and proper.

2. Petitioner, vide judgment dated 04.01.2019 has been convicted and sentenced under Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) to undergo rigorous imprisonment for 11 years and to pay fine of Rs. 1,50,000/-, in default of payment of fine to further undergo imprisonment for one year, in case bearing FIR No. 132 dated 23.08.2015 under Sections 21, 25, 29 of NDPS Act, Police Station Makhu, District Ferozepur. Petitioner filed criminal appeal bearing No. CRA-D No. 54 of 2019 against the aforesaid judgment of conviction and order of sentence which stands admitted.

3. Petitioner applied for eight weeks parole to jail authorities (respondent No. 4) along with Panchayatnama (Annexure P-1) under Section 3(1)(d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 to meet his family members and look-after household affairs. The jail authorities initiated and recommended his application and forwarded to District Magistrate, Ferozepur (respondent No.3) vide letter No. 1431 and to Director General of Police, Jail Department, Punjab, Chandigarh (respondent No. 2) on 21.03.2022. District Magistrate, Ferozepur forwarded his case to Senior Superintendent of Police, Ferozepur who did not recommend parole to petitioner. Accordingly, respondent No. 3 District Magistrate, Ferozepur rejected the application seeking eight weeks parole vide order dated 10.04.2023, Annexure P-2. In the said order there was reference of three other cases registered against petitioner i.e. present FIR in which he applied for parole. Second case bearing FIR No. 114 dated 16.07.2015 registered under Section 21 of NDPS Act at Police Station Makhu in which criminal appeal No. CRA-D-184 of 2022 has been filed against the judgment of conviction and same is pending in High Court and sentence will start after completion of sentence in present FIR. Regarding conviction, in FIR No. 98 dated 04.07.2015 under Sections 21, 22, 24, 25, 27, 28, 29, 30 of NDPS Act at Police Station Sadar Jalalabad, Fazilka, again criminal appeal No. CRA-S-3300 of 2019 has been filed in this High Court and sentence has been suspended. Copy of order dated 14.02.2020 in CRM No. 40800 of 2019 in the aforesaid appeal is Annexure P-3. Learned counsel for petitioner argued that mere conviction of petitioner in multiple cases cannot be a ground to reject parole. He has relied upon judgment dated 26.08.2020 passed in CRWP No. 4593 of 2020 title “Manga @ Manga Singh Versus State of Punjab and others” and 2016(4) RCR (Criminal) 1017 of Division Bench case title “Bansi Lal Versus State of Punjab”. Therefore, it is submitted that impugned order dated 10.04.2023 may kindly be set aside and petitioner may be released on parole for eight weeks by imposing suitable conditions.

4. Learned counsel for the State filed reply alleging that District Magistrate, Ferozepur has declined application filed by petitioner seeking parole of eight weeks by passing detailed order dated 10.04.2023, based on report filed by Senior Superintendent of Police, Ferozepur. Apart from present case, petitioner is convicted under two other FIRs registered under the provisions of NDPS Act as referred above, which are detailed in para No. 3 of r