P&H HC Grants Parole to NDPS Convict, Stating That Meeting Family Members is Most Significant Right of Life

P&H HC Law Insider

Savvy Thakur

Published on: 12 November 2022 at 15:34 IST

The Punjab and Haryana High Court recently observed that meeting one’s family is one of the most significant aspects of the right to life.

The observation was made by the Bench of Justice Vikas Bahl while addressing a criminal writ petition filed by a convict under the NDPS Act, in which the convict requested parole to meet and care for his family.

In this case, the petitioner was found guilty under section 22 of the NDPS Act and given a ten-year prison term.

The petitioner told the court that he has been in jail for more than a year and ten months and that the authorities have turned down his previous request for parole.

In addition, he stated that his application was turned down on the grounds that he might reenter the illegal drug trade and get in touch with dealers. The petitioner claims that the authorities could not have relied on any tangible evidence to reach this conclusion.

The court made the initial observation that the petitioner’s desire to meet and care for his two minor children and other family members is undisputed.

Importantly, the court decided that meeting one’s family is a valid reason for parole because it is one of the most important aspects of the right to life.

The court noted that there is nothing to suggest that the petitioner would engage in a crime for which he has been convicted. In regards to the authorities’ concerns,

As a result, the court ordered the petitioner to be given eight weeks of parole.

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