JUDGMENT

Gurvinder Singh Gill, J.

This order shall dispose off the above mentioned two petitions, which are based on identical facts and identical question of law is involved therein pertaining to temporary release of a convict on 'Parole' under provisions of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, (hereinafter referred to as 'the Act').

2. Brief facts in CRWP-7882-2022 - Deepak Kumar :

The petitioner-Deepak Kumar stands convicted vide judgment dated 13.9.2021 (Annexure P-1) passed by Special Court, Ludhiana for having committed offence under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, arising out of FIR No. 126 dated 29.9.2016, Police Station Haibowal, District Ludhiana. He was sentenced to undergo rigorous imprisonment for 10 years and was also imposed fine amounting to Rs. 1 lac. The petitioner-Deepak Kumar challanged the said judgment by way of filing an appeal in this Court i.e. CRA-S-1142 of 2021, which is still pending. The petitioner-Deepak Kumar, who is in custody, moved an application seeking parole for six weeks so as to meet members of his family but his application was rejected vide order dated 29.6.2022 (Annexure P-3), while observing therein that in case the petitioner is released on bail there is likelihood that he would again indulge in activities pertaining to drug-trafficking and other anti-social activities and that there is apprehension of breach of peace, law and order. It is the said order dated 29.6.2022 (Annexure P-3) which has been challenged by the petitioner-Deepak Kumar.

3. Brief facts in CRWP-11067-2022 - Tirath Singh :

The petitioner-Tirath Singh was tried by the Special Court, Jalandhar for offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in respect of FIR No. 28 dated 20.4.1992, Police Station Goraya, District Jalandhar and has been sentenced to undergo rigorous imprisonment for 10 years and has been imposed fine of Rs. 1 lac. The petitioner-Tirath Singh had preferred an appeal in this Court challenging his conviction i.e. CRA-S-65-SB of 1996 but the same was dismissed vide judgment dated 27.9.2010. The petitioner-Tirath Singh applied for grant of parole for eight weeks so as to meet members of his family but the same was rejected by the authorities concerned vide impugned order dated 24.8.2022 (Annexure P-1) mainly on the ground that in case the petitioner is released on parole, there is likelihood that he would again indulge in sale of drugs and which would pose a threat to society. It is the said order dated 24.8.2022 (Annexure P-1), which has been challenged by petitioner-Tirath Singh.

4. The learned counsel for the petitioners have submitted that the impugned orders have been passed simply on the basis of assumption that there is likelihood of the petitioners indulging in commission of similar offences under NDPS again, in case they are released on parole whereas there is no such material to substantiate such apprehension.

5. It has further been submitted by learned counsel representing the petitioners that grant of parole serves a reformatory purpose inasmuch as it provides the convicts with an opportunity to remain in touch not only with members of his family but to remain a part of the society and be abreast with the development of the outside world and to keep alive an interest in life. It has been submitted that in case the convicts are not afforded with