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2023 Supreme(P&H) 3502

B. S. WALIA, LALIT BATRA
Avdesh Kumar – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
Ms. Bhupinder Pal Kaur Brar, Advocate; For the Petitioner
Mr. Gurpreet Singh Sandhu, DAG, Punjab.

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 Secti

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