Nanak Ram v. State Of Punjab

2023:PHHC:133296

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP No.7905 of 2023 (O&M) DATE OF DECISION : 12.10.2023 Nanak Ram .....Petitioner versus The State of Punjab and Others .....Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Dr. Bandana Trikha Sachdev, Advocate for the petitioner Mr. Adhiraj Singh Thind, AAG Punjab ..

ALKA SARIN, J. (Oral) 1.

The present petition has been filed under Article 226 of the Constitution of India praying for quashing of the order rejecting parole to the petitioner.

Learned counsel for the State refers to the reply filed by way of affidavit of Satnam Singh, Superintendent, Central Jail, Ferozepur on behalf of respondent Nos.1 to 3 and states that there is no letter which has been appended with the present petition which would even remotely suggest that the petitioner's case for grant of parole has been rejected. Learned counsel for the State has further pointed out that the letter Annexure P-1, appended with the petition, which is alleged to be the letter denying/cancelling the parole, is only a communication to the Deputy Commissioner, District Fazilka from the Deputy Superintendent, Central Jail, Ferozepur wherein it PARKASH CHAND 2023.10.13 12:44 I attest to the accuracy and authenticity of this order/judgment.

2023:PHHC:133296 CRWP No.7905 of 2023 -2has been stated that on 29.03.2023 custody warrant was received against the convict as FIR No.04 dated 31.01.2023 was registered against him under the Narcotic Drugs and Psychotropic Substances Act, 1985 at Fazilka and since he had broken the rule by committing the crime, hence his regular parole of eight weeks may be cancelled. However, no order has been passed by the Deputy Commissioner, District Fazilka till date. Faced with the same, learned counsel for the petitioner limits his prayer and states that he would be satisfied if a direction is given to the Deputy Commissioner, District Fazilka to take a decision on the case of the petitioner for grant of eight weeks' regular parole which was forwarded by the Superintendent, Central Jail, Ferozepur vide letter No.2030 dated 20.02.2023. 3.

In view of the limited prayer made by the learned counsel for the petitioner, the present petition is disposed off with a direction to the Deputy Commissioner, District Fazilka to take a decision on the case of the petitioner for grant of eight weeks' regular parole which was forwarded by the Superintendent, Central Jail, Ferozepur vide letter No.2030 dated 20.02.2023 expeditiously, preferably within a period of fifteen days from today, in accordance with law.

4.

The petition is accordingly disposed off. Pending applications, if any, also stand disposed off.

12.10.2023 (ALKA SARIN) parkash JUDGE NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: YES/NO PARKASH CHAND 2023.10.13 12:44 I attest to the accuracy and authenticity of this order/judgment.