Mukhtiyar Singh @ Babloo v. State

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2177/2018 MUKHTIYAR SINGH @ BABLOO ..... Petitioner Through:

Ms. Dolly Sharma, Advocate for Mr.

S.K. Sethi, Advocates.

versus STATE ..... Respondent Through:

Mr. Rahul Mehra, Standing Counsel for GNCTD alognwith Mr. Jamal Akhtar, Advocate with ASI Subhash, PS-Crime Branch.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 18.12.2018 Mr. Rahul Mehra, the learned Standing Counsel for GNCTD submits that in compliance of this Court‟s order dated 09.08.2018, the blanket factory which was lying closed has been made operational. Similarly, a medical camp for skin and dental diseases has also been organized in the jail concerned. On the same date, the Court had recorded the submissions of the learned counsel for the State that section 32A of NDPS Act, 1985 bars remission of any nature by the State. Furlough is one such remission and this Court in Baldev Singh vs. Directorate of Revenue Intelligence & Ors. in W.P. (Crl.) No. 513/2018, has held that the said provision of law is not unconstitutional and the Parliament had the competence to enact the said provision.

In the circumstance, the petitioner cannot demand furlough because

the same is prohibited under law. Nevertheless, the petitioner would be entitled to reprieve by parole on admissible grounds. Indeed the petitioner has recently been granted parole for three weeks. In view of the above, the petition is dismissed as not pressed. NAJMI WAZIRI, J DECEMBER 18, 2018 RW