JUDGMENT

Mr. B.S. Walia, J. (Oral)

Prayer in the petition under Article 226 of the Constitution of India is for the setting aside of order Annexure P/2 dated 22.11.2022, passed by the District Magistrate, Sri Muktsar Sahib, i.e. respondent No.3 rejecting under section 6 of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (for short 'the Act'), the application of the petitioner for release on eight weeks parole on the ground that if the petitioner is released on parole he can indulge in activities of selling drugs which can give bad affect to the young generation besides on account of apprehension of breach of peace.

2. A perusal of the paperbook reveals that the petitioner was convicted in case FIR No.3 dated 04.01.2019, under section 22, NDPS Act, Police Station City Sri Muktsar Sahib and was sentenced to undergo rigorous imprisonment for a period of fourteen years and to pay fine of Rs.1,50,000/-, vide judgment dated 19.08.2021, passed by the learned Sessions Judge, Sri Muktsar Sahib and at present the petitioner is confined in District Jail, Sri Muktsar Sahib.

3. On 21.12.2021, the petitioner applied for eight weeks parole along with panchayatnama in terms of Section 3 (1) (d) of the Act, to meet his family members and to look after his household affairs. Respondent No.4 i.e. Superintendent, District Jail, Sri Muktsar Sahib, recommended the release of the petitioner on eight weeks parole and forwarded the same on 21.12.2021 to the District Magistrate, Sri Muktsar Sahib i.e. respondent No.3 as well as the Director General of Police, Jail Department, Punjab i.e. respondent No.2 but as noted above, the application for release on parole was rejected.

4. Pursuant to notice on the petition, reply has been filed by way of affidavit of the DSP, Sub Division, Sri Muktsar Sahib on behalf of respondent No.2 reiterating the reasons as are given in the impugned order for rejecting the claim of the petitioner for release on eight weeks parole.

5. Learned Counsel for the petitioner while contending that the impugned order is legally unsustainable relies upon the decision of Hon'ble Coordinate Bench of this Court in Bansi Lal v. State of Punjab and others, Law Finder Doc ID #735958, Jatinder Singh v. State of Punjab and others, CRWP-5988-2021, decided on 09.08.2021, Paramjit Kaur v. State of Punjab and others, CRWP-11138-2021, decided on 27.01.2022 as well as the decision of Hon'ble the Supreme Court in Banka Sneha Sheela v. State of Telangana and others, in Criminal Appeal No.733 of 2021, arising out of SLP (Criminal) No.4729 of 2021, decided on 02.08.2021.

6. Learned Counsel for the petitioner contends that a convicted prisoner is entitled to temporary release from custody on the grounds as enumerated in Section 3 of the Punjab Good Conduct, Prisoners Temporary Release Act, 1962, including on the ground under Section 3 (1) (d)which provides for temporary release of a prisoner for any sufficient cause other than as stipulated in clause 3 (1) (a) to (c) and the temporary release can be denied only if the State Government or an Officer authorized by it on the report of the District Magistrate, is satisfied that the release of the prisoner is likely to (i) endanger the security of the State or (ii) the maintenance of public order and not on any other ground. Sections 3 and 6 of the Act ibid are reproduced as under:-

3. Temporary release of prisoners on certain grounds. (1) The State Government may, in consultation with the District Magistrate and subject to such condi