Criminal W.P. No. 70 of 2011 1 .. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal W.P. No.70 of 2011(O&M) Date of Decision : 28.01.2011 Surender Kumar ..... Petitioner Versus State of Haryana and others ....Respondents CORAM : HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. Krishan Singh, Advocate, for the petitioner. Mr. S.S. Goripuria, DAG, Haryana, for the respondent-State. NAWAB SINGH J.(Oral) Petitioner is undergoing rigorous imprisonment for a period of ten years in case bearing First Information Report No. 246 dated November 16th, 2008 under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station - Sadar, Yamuna Nagar. He is confined in District Jail, Yamuna Nagar since July 9th, 2009. 2. The petitioner filed application to release him temporarily on parole for agricultural operation. District Magistrate, Yamuna Nagar on the basis of report dated October 18th, 2010 (Annexure R-1/T) of Superintendent of Police, Yamuna Nagar recommended the case of the petitioner for his release on parole for agricultural operation as there was no one in the family to look after the land because the petitioner has two children aged about 5 and 7 years. Inspite of that, Commissioner, Ambala rejected the application of the petitioner by order dated November 25th, 2010 (Annexure R-3/T) on the ground that the petitioner has not earned Criminal W.P. No. 70 of 2011 2 .. 'first annual good conduct remission' under Section 4(1) of Haryana Good Conduct Prisoner (Temporary Release) Act 1988. 3. The only submission made by learned counsel for the petitioner is that since a convict undergoing imprisonment under the Narcotic Drugs and Psychotropic Substances Act, 1985, is not entitled to remissions, so question of earning first annual good conduct remission by the petitioner does not arise and as such, the Commissioner was not justified in rejecting the application of the petitioner. 4. Learned State counsel has fairly conceded the above proposition. 5. In view of the above, Commissioner, Ambala is directed to reconsider the case of the petitioner in the light of the observations made hereinabove, within 30 days of receipt of this order. 6. Disposed of. (NAWAB SINGH) 28.1.2011 JUDGE som