1 D.B. Criminal (Parole) Writ Petition No.8471/2007 Ramesh vs. State of Rajasthan. Date : 3.3.2008 HON'BLE MR. PRAKASH TATIA, J. HON'BLE MR. BHANWAROO KHAN, J. By post. Mr.VR Mehta, PP. Mr.VK Mathur, Sr.Standing Counsel for UOI. Mr.NK Rai, Special PP for CBN. - - - - - Heard. In DB Criminal (Parole) Writ Petition No.880/2008, after noticing the decision of this Court delivered in the case of State of Rajasthan and others vs. Mana Singh and others reported in 2002(2) WLC (Raj.) 449, this Court issued notice to the Central Government and directed learned counsel Mr.VK Mathur, Sr. Standing counsel for Union of India and learned counsel Mr.NK Rai, who is appearing in NDPS cases as a Special Public Prosecutor for Central Bureau of Narcotics, to find out whether any Rules have been framed in regard to grant of parole to the persons convicted under NDPS Act Today, learned counsel Mr.Mathur submitted that in 2 fact, in Mana Singh's case (supra), Union of India was not a party and, therefore, as per his information, the judgment of Mana singh was not in the notice of Union of India and further, as per his information, no Rules have been framed by Union of India in this regard. However, according to learned counsel Mr.Mathur, in Mana Singh's case (supra) itself, it has been observed that till the Rules are framed, the guidelines given in Mana Singh's case may be followed. Since the purpose has been served and that was to bring to the notice of Union of India the judgment delivered in the case of Mana Singh, so that appropriate Rules may be framed by the Union of India for release of persons convicted under NDPS Act, the cases which are within the domain of Union of India. Learned counsel Mr.Mathur further submitted that if there is any order issued by the Union of India authorising the State Government to proceed for deciding the application of the persons convicted under NDPS Act, then he will be bringing it in the notice of the State Government also through appropriate agency. Be that as it may be, since presently we are not having any Rules of Union of India and the learned counsels submitted that the guidelines issued in Mana Singh's case can be followed till the Rules are framed or any appropriate decision is taken. But we cannot 3 wait for the decision in view of the fact that the parole applications cannot remain pending for indefinite time, therefore, we are proposing to decide the parole applications of the persons convicted under NDPS Act following the judgment of Mana Singh wherein guidelines have been given. In the present case, petitioner Ramesh's parole application was rejected by the parole committee vide order dated 23.5.2007. Accused petitioner is convict under Section 8/20 of the NDPS Act and has been sentenced to 10 years RI. By the time, he moved the application, he remained in custody for 4 years 5 months & 10 days (as on 5.1.2008). We perused the reasons given in the order dated 23.5.2007 (Annex.R/3). The Jail Superintendent who is having the knowledge of the conduct of the accused, as the accused is behind bars, submitted that the petitioner's case is fit for grant of parole. The District Collector also, after obtaining report from the Superintendent of Police, Chittorgarh, opined that the accused can be released on parole. However, the Superintendent (Preventive and Intelligence), Chittorgarh has shown its doubt that in case, the accused is released on parole, he may again get involved in same transactions and may also run away. 4 We perused the reasons given by the said department, copy of which is placed on record as Annex.R/1, wherein the said department stated that the accused is a member of a Gang but the department is not aware about the other members of the said Gang. It appears that the report of said department is based on apprehension and assumptions contrary to the report based on facts given by Jail Superintendent and District Magistrate, Chittorgarh. Consequently, this parole petition is allowed and the order of the parole committee dated 23.5.2007 is set aside and the petitioner be released on parole for 20 days on just and appropriate conditions determined by the Superintendent, Central Jail, Ajmer to his own satisfaction. The Superintendent, Central Jail, Ajmer will also gave a date for surrender. A copy of this order may be sent to the convict. (BHANWAROO KHAN), J. (PRAKASH TATIA), J. S.Phophaliya