'Poor Person Forced To Approach Court': P&H HC Slams Authorities For Denying Parole To NDPS Convict During Elections On Assumption Of Reoffending

The Punjab & Haryana High Court pulled up the authorities for rejecting parole of a man convicted under the NDPS Act "merely on assumptions" that the convict may smuggle drugs during elections which may affect public order.

The convict had moved the parole application at the time of the general election of 2024 and the same was rejected by Deputy Commissioner-cum-District Magistrate, Bathinda on the grounds that the convict may smuggle drugs during elections and that the parole is prohibited to the NDPS convicts during elections. 

Justice Mahabir Singh Sindhu said, "The order impugned has been passed merely on the basis of surmises and assumptions; hence the same is liable to be quashed and set-aside."

The Court further said that as the poor person has been unnecessarily forced to approach the Court for seeking parole; therefore, it was inclined to impose exemplary costs upon the State authorities but the State counsel has saved the situation with an assurance that in future, parole "matters shall be decided on the basis of material available on record and that too, in accordance with law."

The Court was hearing a plea filed by Balvir Singh who was convicted under Section 22(c) of the NDPS Act, 1985 for a period of ten years along with a fine of Rs.1 lakh.

In March 2024, Singh made a request for seeking 08 weeks' parole to meet his family members; but the same was declined by Deputy Commissioner-cum-District Magistrate, Bathinda.

Perusing the impugned order, the Court noted that the parole request was rejected mainly on the following grounds:

(i) Petitioner may smuggle drugs during elections, due to which the public order may be affected.

(ii) Petitioner can disrupt an election while on parole.

(iii) Apart that, in view of the instructions dated 10.04.2019 issued by the Election Commission of India as well as instructions dated 30.03.2024 issued by Additional DGP (Prisons), Punjab, parole is strictly prohibited in NDPS cases.

Analysing the order, the Court said that with respect to points (i) and (ii) there is no material in support of the same, rather these are based on mere assumptions in view of the fact that neither any inhabitant of the locality; nor some responsible person, including Sarpanch was associated while recording such a conclusion.

With respect to Instructions, the Court said that the same are also not helpful to the respondents for the simple reason that these instructions were issued regarding Parliamentary Elections-2019.

Justice Sindhu pointed out that despite asking the Court, the State counsel is not able to show that there is any fresh circular issued by the Election Commission of India for Parliamentary Elections, 2024, indicating an absolute bar to grant parole in such a case.

Consequently, the Court allowed the plea and said that the quashed the order rejecting parole.

Stating that "Resultantly, petitioner is granted parole for 08 weeks from 20.02.2025 to 17.04.2025, subject to furnishing indemnity/surety bonds to the satisfaction of the competent authority," the plea was disposed of.

Ms. Satinder Kaur, Advocate, for the petitioner.

Mr. Mohit Kapoor, Sr. DAG, Punjab.

Title: Balvir Singh @ Dhira v. State of Punjab & others

Citation: 2025 LiveLaw (PH) 84

Click here to read/download the order