IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-4834 of 2008 Date of Decision: November 04, 2008 Amrik Singh … Petitioner Versus State of Punjab and another … Respondents CORAM: HON’BLE MR. JUSTICE S.D. ANAND Present : None for the petitioner. Ms. Manjari Nehru, DAG, Punjab. *** S.D. Anand, J. The impugned order passed by the Competent Authority, denying the parole plea of the petitioner – prisoner deserves invalidation for the simple reason that it does not record any reason on the basis whereof it opted to rely upon the report by the District Magistrate (who, in turn, relied upon a similar report furnished by the Senior Superintendent of Police concerned) to the effect that the petitioner – prisoner “is habitual to sell drugs, after coming from the prison he can start the business of smuggling”. Though it is beyond the pale of controversy that a prisoner cannot claim parole as of right, it also cannot be denied that declining of parole request has to be based on sustainable Crl. Misc. No. M-4834 of 2008 reasoning. The impugned order does not stand scrutiny in the circumstances of the case. The inference drawn by the Competent Authority is too far fetched and unsustainable on the fact of it The petition shall stand disposed of with a direction to the Competent Authority to take a decision afresh in the light of the observations made by this Court in the foregoing paras of this judgment. The exercise shall be concluded within one month from today. It will be for the State counsel to communicate the order to the Competent Authority. Copy of the order be given to the learned State counsel under the signatures of the Court Secretary. November 04, 2008 ( S.D. Anand ) vkd Judge 2