High Court of Punjab and HaryanaCWP/6453/2019disposed of

Sandeep Kumar @ Deepa v. State Of Punjab And Others

2019-03-11Mr. Justice Harinder Singh Sidhu2 pages

CWP No. 6453 of 2019 #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 6453 of 2019 Date of Decision: 11.03.2019 Sandeep Kumar @ Deepa ....Petitioner

Versus

State of Punjab and Ors.

....Respondents

CORAM:

HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr. O.P Kamboj, Advocate for the petitioner.

HARINDER SINGH SIDHU, J By filing the instant petition, the petitioner seeks for issuance of directions to the respondents for grant of six weeks' parole. Vide judgment and the order of sentence dated 05.04.2018, the petitioner has been convicted under Section 18 of the NDPS Act in case FIR No.154 dated 26.11.2014 registered at P.S Sadar Abohar District Fazilka and sentenced to undergo RI for eight years and to pay a fine of Rs.60,000/-. He submitted an application dated 07.08.2018 (P.1) seeking parole for six weeks to enable him to meet his family members as also for house repair. The Sr. Superintendent of Police, Fazilka sent its report recording that the petitioner is like a Smuggler and may indulge in the smuggling of contraband, if released on parole. The Deputy Commissioner, Fazilka wrote back to the Sr. Superintendent of Police to send his report, in the light of directions passed by this Court in CRWP No.34013 of 2009, decided on 26.4.2010.

Learned counsel for the petitioner states that after the said MANOJ KUMAR 2019.03.12 09:34 I attest to the accuracy and integrity of this document

CWP No. 6453 of 2019 #2# communication dated 21.12.2018, the Sr. Superintendent of Police, Fazilka has not sent any report.

On the oral request of learned counsel for the petitioner, Sr. Superintendent of Police, Fazilka is impleaded as party respondent No.4. Having heard learned counsel for the petitioner and perusing the paper book, this petition is disposed of with a direction to respondent No.4 to send his report as required by the Deputy Commissioner, Fazilka vide letter dated 21.12.2018 within a period of three weeks, on the basis of which the respondents shall consider the case of the petitioner and pass final order within a period of three weeks thereafter. March 11, 2019 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned:

Yes/No Whether Reportable : Yes/No MANOJ KUMAR 2019.03.12 09:34 I attest to the accuracy and integrity of this document