Criminal Misc. No. M-15041 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No. M-15041 of 2009 Date of Decision:09.09.2009 Bagicha Singh .....Petitioner Vs. State of Punjab and others .....Respondents CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Ms. B.P.K. Brar, Advocate for the petitioner. Mr. Arshvinder Singh, Deputy Advocate General, Punjab. **** HARBANS LAL, J. This petition has been moved by Bagicha Singh under Section 482 of Cr.P.C for issuance of directions to the respondents to allow usual remissions to the petitioner as have been allowed by the Governor of Punjab under Article 161 of the Constitution of India during the period, the petitioner remained on bail in accordance with the settled proposition of law laid down in the judgment dated 5.7.2007 delivered in Criminal Writ Petition No.991 of 2006 – Jagdeep Singh v. State of Punjab and others and judgment dated 24.4.2008 rendered in Criminal Writ Petition No.1398 of 2007 bearing caption Mohan Singh v. State of Punjab and another. The brief facts are that the petitioner was convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1 lac under Section 23 and other allied Sections of the Narcotic Drugs and Psychotropic Substances Act, 1985 and in default of payment of fine, to further undergo rigorous imprisonment for two years by the Court of Criminal Misc. No. M-15041 of 2009 -2- learned Sessions Judge, Ferozepur vide judgment dated 19.11.1992. The petitioner had filed Criminal Appeal No.444-SB of 1992 in this Court. During the pendency of the appeal, he was released on bail. After dismissal of his appeal vide judgment dated 25.4.2007, he was readmitted to jail. Presently, he is lodged in Central Jail, Ferozepur. In view of Annexure P.1, the judgment dated 5.7.2007 rendered by this Court in Criminal Writ Petition No.991 of 2006 – Jagdeep Singh v. State of Punjab and others, Annexure P.2, the judgment dated 24.4.2008 rendered by this Court in Criminal Writ Petition No.1398 of 2007 – Mohan Singh v. State of Punjab and another, Annexure P.3, the judgment dated 24.10.2008 passed by this Court in Criminal Misc. No. M-1786 of 2008 – Hardev Singh and others v. State of Punjab and others, this petition is disposed of with a direction to the competent authority to examine the case of the petitioner and provide him the benefit of remissions announced from time to time till before 11.9.2001 and also consider his pre-mature release case. However, it is made clear that the benefit of remissions shall be granted, if the same is made out as per the rules. September 09, 2009 ( HARBANS LAL ) renu JUDGE