Devi v. The Deputy Inspector General Of Prison

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.06.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Devi ... Petitioner Vs.

1.The Deputy Inspector General of Prisons, Prison Head Quarters, Egmore, Chennai.

2.The Superintendent of Prison, Central Prison, Chennai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to grant ordinary leave for 21 days by considering the representation of the petitioner dated 02.04.2024 and release her husband namely Nagaraj S/o.Pakkirisamy aged about 39 years, Convict Prisoner, Central Prison, Puzhal.

For Petitioner : M/s.S.Nadhiya For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor assisted by Mr.C.Aravind

ORDER

M.S.RAMESH, J.

AND SUNDER MOHAN , J.

This Writ Petition has been filed seeking for a Writ of Mandamus directing the respondents to grant ordinary leave for 21 days by considering the representation of the petitioner dated 02.04.2024 and release her husband namely Nagaraj S/o.Pakkirisamy, aged about 39 years, Convict Prisoner from the Central Prison, Puzhal. 2.The learned Additional Public Prosecutor submitted that as per Rule 21(h)(3) of the Tamil Nadu Suspension of Sentence Rules, 1982 r/w Rule 32(A) of the NDPS Act, 1985, the prisoner who has been convicted for the offences under the NDPS Act is ineligible to seek for suspension, remission or commutation of sentence.

3.As such, the present Writ Petition does not deserve any

consideration and hence, the same stands closed. No costs. [M.S.R., J] [S.M., J] 11.06.2024 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Tsg To 1.The Deputy Inspector General of Prisons, Prison Head Quarters, Egmore, Chennai.

2.The Superintendent of Prison, Central Prison, Chennai.

3.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J.

and SUNDER MOHAN, J.

Tsg 11.06.2024