Yousuf Masih Alais Billa v. State Of Punjab

CRWP-13270-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (108) CRWP-13270-2025 DATE OF DECISION: 10.12.2025 Yousuf Masih @ Billa ........Petitioner

VERSUS

State of Punjab and others .........Respondents

CORAM

HON'BLE MR. JUSTICE SUBHAS MEHLA

Present

Mr.Manjinder Singh Saini, Advocate, with Mr. Robin Kumar, Advocate, for the petitioner. Mr.Anup Singh, AAG, Punjab.

*** SUBHAS MEHLA , J (ORAL) 1.

The prayer in the instant criminal writ petition filed under Articles 226/227 of the Constitution of India read with Section 3(1)(d) of Punjab Good Conduct Prisoner (Temporary) Release Act, 1962 is for grant of 4 weeks parole to the petitioner to get treatment for his eyes done from a private hospital and meet his family.

2.

Learned counsel for the petitioner contended that the petitioner was convicted and sentenced to undergo rigorous imprisonment for ten years with fine of Rs.1 lakh under Section 21 of NDPS Act vide order dated 15.02.2024, against which appeal is pending before this Hon'ble Court; the petitioner had moved application No.3337 dated 03.07.2025 with the jail authorities seeking parole of four weeks to get his eyes treated from a private hospital as well as to meet his family. However, the request was rejected by the Deputy Commissioner-cum-District Magistrate, Hoshiarpur/respondent no.3 vide Endst. No. 3122-24/Reader dated 14.10.2025 (Annexure P-2) on the basis of report No. 85893 dated 01.10.2025 given by Senior Superintendent of Police,Hoshiarpur/respondent MAMTA 2025.12.19 01:49 I attest to the accuracy and integrity of this document

CRWP-13270-2025 no.4, according to which there were 13 other cases against the present petitioner and if he is released on parole, he may start selling drugs again. Learned counsel for petitioner submitted that although authorities have alleged numerous cases pending against him but in those cases either petitioner has undergone sentence, or acquitted of the charges levelled against him, or granted bail. Hence, prayed for setting aside of the impugned order (Annexure P-2) rejecting parole to the present petitioner. 3.

In pursuance of advance notice, Mr.Anup Singh, AAG, Punjab, appears and accepted notice on behalf of respondent/State and submitted that the petitioner was convicted and sentenced to undergo rigorous imprisonment for ten years and fine of Rs.1 lakh was imposed under Section 21 of NDPS Act vide order dated 15.02.2024, passed by learned Judge, Special Court, Hoshiarpur, and opposed the application of parole on the ground that there are 16 more cases against the petitioner and there is likelihood of his fleeing away from justice.

4.

Heard.

5.

As the petitioner is involved in 16 cases out of which he is convicted in some of the cases as per the statement of learned State counsel, and there is a report from the SSP concerned that there is likelihood that petitioner will indulge in sale of drugs if released on parole, this Court does not find any merit to allow the present petition for release of the petitioner on four weeks parole and the same is hereby dismissed. 10.12.2025 (SUBHAS MEHLA) mamta JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No MAMTA 2025.12.19 01:49 I attest to the accuracy and integrity of this document