Akbar Shariff v. The State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.08.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Akbar Shariff ... Petitioner/Father of the detenue Vs.
1.
The State Represented by its, The Deputy Inspector General of Prison, Gandhi Irwin Road, Egmore, Chennai - 600 008.
2.
The Superintendent, Puzhal Central Prison - I, Puzhal - 600 066.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to direct the respondents to grant emergency leave for 15 days without escort to the detenue, Asharf Shariff S/o Akbar Shariff aged about 32 years bearing Convict No.10568 confined at Central Prison, Puzhal.
For Petitioner : Ms.S.Sadhana For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) This petition has been filed seeking direction to the respondents to grant emergency leave for 15 days without escort to the detenue, Asharf Shariff S/o Akbar Shariff aged about 32 years bearing Convict No.10568 confined at Central Prison, Puzhal, who was convicted for the offences under Section 8(c) r/w 22(c) of NDPS Act and was sentenced to undergo 12 years Rigorous imprisonment in C.C.No.115 of 2019 dated 20.02.2024 on the file of the learned Principal Special Court under EC & NDPS Act, Chennai.
2. The learned counsel for the petitioner submitted that the petitioner's son/convict prisoner has undergone 05 years 06 months and 15 days of imprisonment, including the remand set off period and the petitioner seeks Emergency Leave for his son/convict prisoner to make arrangements for his wife medical expenses, as she is suffering from medical ailments and for the livelihood of their family.
3. At this juncture, learned Additional Public Prosecutor submitted that the convict prisoner herein is eligible to avail 15 days of Emergency Leave and the said leave is to be granted in four spells of 6+3+3+3 days.
4.
Since the convict is eligible for 15 days Emergency Leave in four spells of 6+3+3+3 days under Rule 13 of the Tamil Nadu Suspension of Sentence Rules, 1982, we are inclined to consider the relief sought for in the present writ petition.
5. Accordingly, the convict prisoner viz., Ashraf Shariff S/o. Akbar Shariff, aged 32, bearing Convict No. 10568, confined at Central Prison, Puzhal Chennai, is hereby granted Emergency Leave for a period of 6 days, without escort commencing from 21.08.2024 on the following conditions. (i) Respondents are directed to release the Convict Prisoner viz., Ashraf Shariff S/o. Akbar Shariff, aged 32, bearing Convict No.10568, lodged at Central Prison, Puzhal, Chennai on Emergency Leave for a period of 6 days without escort commencing from 21.08.2024.
(ii) The Convict Prisoner shall be released on 21.08.2024 at 10.00 a.m. and surrender before the Superintendent, Puzhal Central Prison - I, Chennai - 600 066, on 27.08.2024 at 10.00 a.m.
(iii) The Convict Prisoner shall utilize the leave only for the ground on which it has been granted and shall not indulge in any other activities.
6. Accordingly, the writ petition stands disposed of. No Costs. [S.M.S., J.] [V.S.G., J.] 16.08.2024 Index: Yes/No Speaking/Non-speaking order veda
To 1.
The State Represented by its, The Deputy Inspector General of Prison, Gandhi Irwin Road, Egmore, Chennai - 600 008.
2.
The Superintendent, Puzhal Central Prison - I, Puzhal - 600 066.
S.M.SUBRAMANIAM, J.
AND V.SIVAGNANAM, J.
veda 16.08.2024