Criminal Writ Petition. No.1939 of 2010 1 .. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Writ Petition. No.1939 of 2010 Date of Decision: 31.01.2011 Jai Singh .... Petitioner Versus State of Haryana .... Respondent CORAM: HON'BLE MR. JUSTICE NAWAB SINGH Present: Ms. Manpreet Kaur, Advocate, for the petitioner. Mr. S.S. Goripuria, D.A.G. Haryana. NAWAB SINGH.J (ORAL) Petitioner is undergoing rigorous imprisonment for a period of ten years in case bearing First Information Report No. 61 dated August 5th, 2007 under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "the Act"), Police Station - Babian, District Kurukshetra. He is confined in District Jail, Kurukshetra. 2. Naam Kaur – wife of the petitioner filed application to release him temporarily on parole for repair of the house. Report of Naib Tehsildar was sought, who recommended parole to the petitioner stating that the house requires repair. However, the parole was declined by Commissioner, Ambala Division, Ambala by order dated September 15th, 2010 (Annexure R-1/T) on the ground that that the petitioner has not earned 'first annual good conduct remission' under Section 4(1) of Haryana Good Conduct Prisoner (Temporary Release) Act 1988. 3. Learned counsel for the petitioner has urged that since a convict undergoing imprisonment under the Act is not Criminal Writ Petition. No.1939 of 2010 2 .. 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. In view of the above, Commissioner, Ambala is directed to reconsider the case of the petitioner afresh in the light of the observations made hereinabove, within 30 days of receipt of this order. 5. Disposed of. 31.01.2011 (NAWAB SINGH) som JUDGE