Can Parole Be Denied Solely on Speculative Grounds Without Evidentiary Support? — Reaffirming the Requirement for Record-Based Justification in Parole Decisions Under the NDPS Act

The High Court clarifies that parole may not be denied merely on the apprehension that a convict may re-offend, unless such apprehension is supported by material on record. This judgment upholds existing precedent and strengthens the evidentiary threshold for denying parole, serving as a binding authority for parole matters involving NDPS Act convicts in Punjab and Haryana.

 

Summary

Category Data
Case Name CRWP/5127/2025 of JUGRAJ SINGH ALIAS RAJA Vs STATE OF PUNJAB AND ANR
CNR PHHC010772782025
Date of Registration 15-05-2025
Decision Date 01-09-2025
Disposal Nature ALLOWED
Judgment Author MR. JUSTICE JASJIT SINGH BEDI
Court High Court of Punjab and Haryana
Precedent Value Binding on courts within Punjab and Haryana jurisdiction
Type of Law Criminal Law; Prison Administration / Parole; NDPS Act
Questions of Law Whether parole can be denied on surmise or without record-based justification, especially for convicts under NDPS Act?
Ratio Decidendi
  • The Court held that apprehensions regarding the misuse of parole must be founded on material or evidence on record; speculative fears are insufficient to deny parole.
  • In the absence of record-based justification demonstrating that the petitioner would indulge in illegal activities if released, parole ought not to be denied.
  • The impugned order declining parole was set aside as it was based on unsubstantiated apprehension.
  • The petitioner was ordered to be released on parole with conditions to be set by the trial court.
Facts as Summarised by the Court
  • Petitioner was convicted and sentenced under Section 15 NDPS Act.
  • He applied for parole to repair his house, which was declined by the competent authority due to apprehension that he would smuggle drugs while on parole, lacking record-based justification.
  • The petitioner had one other conviction under the NDPS Act and was acquitted in another matter.

Practical Impact

Category Impact
Binding On All subordinate courts in the States of Punjab and Haryana; authorities deciding parole under NDPS Act
Persuasive For Other High Courts and legal practitioners dealing with parole applications under similar statutory contexts

What’s New / What Lawyers Should Note

  • The judgment reiterates that denial of parole must be supported by evidence or material on record; generalized apprehensions do not suffice.
  • Explicitly holds that mere pendency of other criminal cases or previous conviction does not automatically justify denial of parole in the absence of concrete supporting material.
  • Sets out that authorities must record specific reasons, with reference to material, if parole is to be refused.
  • Lawyers can rely on this ruling to challenge arbitrary or speculative denial of parole, especially in cases involving special statutes such as the NDPS Act.

Summary of Legal Reasoning

  • The Court reviewed the grounds for declining parole: the apprehension that the petitioner may “indulge in the business of sale of Narcotics/drugs” if released.
  • It was found that this conclusion was not based on any material presented on record.
  • The petitioner was a convict in one other case under the NDPS Act and had been acquitted in another; however, no material was cited to show a real and immediate risk of re-offending during parole.
  • The Court concluded that denial of parole cannot be based on conjecture or unsubstantiated fears; a factual foundation is required.
  • Accordingly, the impugned order was quashed, and the petitioner was granted parole for four weeks subject to conditions imposed by the Trial Court.

Arguments by the Parties

Petitioner

  • Application for grant of parole was wrongly declined on speculative grounds.
  • Only one other conviction exists, and in another case, the petitioner was acquitted.
  • No records or evidence substantiate the apprehension that he would re-offend if released on parole.
  • Sought that the impugned order be set aside and parole be granted.

State/Respondent

  • Filed affidavit stating competent authority’s apprehension that the petitioner would smuggle drugs if released on parole.
  • Opposed the grant of parole on that basis.

Factual Background

The petitioner was convicted under Section 15 of the NDPS Act and sentenced to rigorous imprisonment for ten years and a fine. He sought parole for the purpose of repairing his house. The application was declined by the Director General of Prisons, Punjab, citing apprehension of drug smuggling if released. The petitioner had a previous conviction under the NDPS Act and an acquittal in another case. The present petition challenged the denial of parole order dated 30.04.2025.

Statutory Analysis

  • Article 226 of the Constitution of India: The petitioner invoked the Court’s power to issue writs.
  • The relevant statutory framework concerning parole for convicts under the NDPS Act was considered.
  • The Court interpreted the authority’s discretion under the law to grant or refuse parole, emphasizing that such discretion must be based on evidence or material, not mere suspicions.

Alert Indicators

  • Precedent Followed – The judgment reaffirms and applies established principles regarding evidentiary requirements for refusing parole.

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