CW 3385/08 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.3385/2008 Harish Chandra Versus State. Date of Order ::: 17/07/09 Hon'ble Mr. Justice Ajay Rastogi By Post Mrs Alka Bhatnagar, Addl. Govt. Counsel for respondent-State It is a letter petition sent by prisoner in Central Jail, Udaipur seeking regular parole U/r 9 of Rajasthan Prisoner's Release on parole Rules, 1958 (“Rules, 1958”) which was rejected on the basis of recommendations made by District Parole Committee (respondents). As alleged, petitioner was convicted and sentenced U/Ss 8/17, 8/18, & 8/30 of NDPS Act to undergo Ten years' RI alongwith a fine of Rs.Onelac vide judgment dt.19/12/02 passed by Special Judge (NDPS Cases) Jhalawar in Sess. Case- 65/01. Earlier he was undergoing sentences in Central Jail, Kota and subsequently transferred to Udaipur. After completion of 1/4th of sentence petitioner claiming himself as eligible, applied for first regular parole for twenty days which was placed for consideration before District Parole Committee wherein his case was considered but the Committee rejected his prayer for regular parole on the premise of adverse police report as well as CW 3385/08 //2// his conduct being not good and satisfactory during incarceration. Notice was issued vide order dt.08/04/08. In reply, respondents have not controverted about completion of 1/4th of his sentence, which makes him eligible for grant of regular 1st parole under Rules, 1958. As per para 3 of the reply, he has completed sentence of six years six months 27 days as on 15/04/08 including remission. However, in para 4 it has been specifically averred that conduct of convict-petitioner in jail is unsatisfactory being not good. His case was placed for consideration before District Parole Advisory committee but there were adverse reports given by Superintendent of Police and Jail authority against him, that prevailed upon the Committee to reject his prayer for 1st parole. In view of adverse report by jail authority about conduct being not satisfactory & good during his incarceration, which is one of paramount considerations for regular parole U/r 9, unless disqualified as pointed out in R.14 of Rules, 1958. . Consequently, writ petition fails and is hereby dismissed. A copy of order be sent to petitioner through Jail authority concerned. (Ajay Rastogi), J. K.Khatri/p2/ 3385CW08-Jul17-ProlDs.doc