The court has the power to grant ordinary leave to a convict prisoner even if they have been convicted under the NDPS Act, considering the peculiar facts of the case.

Headnote:
PRISONER LEAVE - NDPS ACT - [SUBJECT] - The court granted ordinary leave to a convict prisoner for 28 days without escort, considering the peculiar facts of the case, including the death of his parents and the need to make arrangements for his marriage.
Fact of the Case:

The petitioner, a convict prisoner, filed a writ petition seeking ordinary leave for 28 days without escort to make arrangements for his marriage as his parents had passed away.
Finding of the Court:

The court noted that the petitioner was convicted under Section 8(c) r/w 29, 8 (c) r/w 21, (c) 8 (c) r/w 28 and 8 (c) r/w 23 (c) of the NDPS Act and was eligible for 28 days of ordinary leave.
Issues: Whether the court could exercise its prerogative power to grant ordinary leave to the petitioner despite his conviction under the NDPS Act.
Ratio Decidendi: The court relied on the judgment of the Supreme Court in Dadu Alias Tulsidas vs. State of Maharashtra, which held that Section 8(c) r/w 29, 8 (c) r/w 21, (c) 8 (c) r/w 28 and 8 (c) r/w 23 (c) of the NDPS Act would not affect the powers of the authorities to grant parole.
Final Decision: The court granted the petitioner ordinary leave for 28 days without escort, subject to certain conditions, including reporting to the police station twice a week and utilizing the leave only for the purpose for which it was granted.

ORDER

(Order of the Court was made by M.S.RAMESH,J.) This writ petition has been filed by the Convict Prisoner namely Rasool Maydeen S/o.Shajahan, aged about 39 years, Convict No.7199 confined at Central Prison, Puzhal, for a direction to the respondents to grant him ordinary leave for a period of 28 days, without escort. 2. Learned counsel for the petitioner submitted that since the parents of convict prisoner had passed away, he had to make arrangements for his marriage. The learned counsel for the petitioner relied upon the judgment of the Hon-ble Supreme Court in the case of Dadu Alias Tulsidas vs. State of Maharashtra reported in (2000) 8 Supreme Court Cases 437 in support of his submission that Section 8(c) r/w 29, 8 (c) r/w 21, (c) 8 (c) r/w 28 and 8 (c) r/w 23 (c) of the NDPS Act would not affect the powers of the authorities to grant parole. Considering the said decision, a Coordinate Bench of this Court in W.P. No.22285 of 2023, had granted leave to the convict prisoner in exercise of powers under Article 226 of the Constitution of India. Therefore, she seeks for grant of ordinary leave to the petitioner. 3. Mr.E.Raj Thilak, learned Additional Public Prosecutor submitted the petitioner/convict prisoner was convicted for the offences under Section 8(c) r/w 29, 8 (c) r/w 21, (c) 8 (c) r/w 28 and 8 (c) r/w 23 (c) of the NDPS Act, otherwise the prisoner was eligible for 28 days of ordinary leave. He further produced before this Court the Probation Officer-s report dated 21.02.2024, wherein it is stated that earlier when the prisoner had come out on ordinary leave, his conduct was good and had accordingly recommended for grant of ordinary leave. The Probation Officer-s report further states that there is no life threat to the convict prisoner. 4. This Court can exercise its prerogative power in the matter of granting ordinary leave having regard to the peculiar facts in any case. In this case, both his parents had passed away and earlier when the petitioner was granted ordinary leave, he was escorted by eleven (11) policemen owing to which, he could not make effective arrangements for his marriage. Further, in view of the positive report of the Probation Officer dated 21.02.2024, we permit the petitioner/convict prisoner to avail leave for a period of 28 days without escort, on the following conditions. (i) The Convict Prisoner viz., Rasool Maydeen S/o.Shajahan, aged about 39 years, Convict No.7199, confined at Central Prison, Puzhal, is granted Ordinary Leave for a period of 28 days i.e., from 11.03.2024 to 07.04.2024. (ii) The Prisoner shall be released on 11.03.2024 at 10.00 a.m. and surrender before the Superintendent of Prisons, Central Prison, Puzhal on 07.04.2024 at 05.30 p.m. (iii) The Prisoner is directed to report before the Inspector of Police, Uchipuli Police Station, Ramanathapuram, twice a week i.e., on every Monday and Thursday at 05.00 p.m, during the period of leave. (iv) The Prisoner shall utilize the leave only for the ground on which it has been granted and shall not indulge in any other activities.

5. With the above directions, the Writ Petition stands allowed. (M.S.R.,J.) (S.M.,J.) dk 07.03.2024 Index : Yes / No Speaking / Non~Speaking Order Neutral Citation : Yes / No Issue order copy by 08.03.2024. Upload the order copy forthwith.

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