Sohrab Khan vs The Union Of India And Anr
2021 Latest Caselaw 220 Gua

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GAHC010006072021




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : I.A.(Crl.)/16/2021

            SOHRAB KHAN
            S/O. LATE JALIL KHAN, R/O. SALEMPUR, P.O. BAJAORA, P.S. DOBHI, DIST.
            GAYA, BIHAR- 824201.


            VERSUS

            THE UNION OF INDIA AND ANR.
            REP. BY NCB

            2:ANJANI KUMAR
             INTELLIGENCE OFFICER
             NARCOTICS CONTROL BUREAU
             GUWAHATI ZONAL UNIT
            VIP ROAD
             RUPKUNWAR PATH
             CHACHAL
             GHY-22

Advocate for the Petitioner   : MS. A MESEN

Advocate for the Respondent : SC, NCB


             Linked Case : Crl.A./393/2019

            MD. SOHRAB KHAN
            S/O- LATE JALIL KHAN
            R/O- SALEMPUR
            P.O. BAJAORA
            P.S. DOBHI
            DIST.- GAYA
            BIHAR- 824201.
                                                                                   Page No.# 2/3


             VERSUS

            THE UNION OF INDIA AND ANR
            REP. BY NCB.

            2:ANJANI KUMAR
            INTELLIGENCE OFFICER
             NARCOTICS CONTROL BUREAU
             GUWAHATI ZONAL UNIT
             VIP ROAD
             RUPKUNWAR PATH
             CHACHAL
             GUWAHATI- 781022.
             ------------
             Advocate for : MR A K AZAD
            Advocate for : SC
             NCB appearing for THE UNION OF INDIA AND ANR



                                      BEFORE
                      HON'BLE MR. JUSTICE N. KOTISWAR SINGH
                       HON'BLE MR. JUSTICE SOUMITRA SAIKIA
                                         :: O R D E R ::

25.01.2021 [N. Kotiswar Singh, J]

Heard Mr. H. R. A. Choudhury, learned senior counsel assisted by Ms. S. K. Nargis, learned counsel for the applicant. Also heard Mr. S. C. Keyal, learned Standing Counsel, NCB.

2. The present Interlocutory Application has been filed by the applicant, Md. Sohrab Khan for releasing him on parole.

3. The applicant is undergoing rigorous imprisonment for 20 (twenty) years on being convicted by the Special Judge, Kamrup (M), Guwahati under Section 17(c) of the NDPS Act vide judgment and order dated 22.04.2019 passed in NDPS Case No. 38 of 2016.

4. It has been submitted that because of certain illness of his wife and also because of death of his paternal uncle, the presence of the applicant at home will be highly necessary for Page No.# 3/3

which the applicant had sought for his release on parole. However, the respondent authorities have refused to accept the application of the applicant and being aggrieved, the applicant has approached this Court.

5. As far as grant of parole is concerned, it is the State Government which is the competent authority to grant the same in terms of the Assam Prisons Act, 2013.

6. Under the circumstances, this Court is of the opinion that the aforesaid exercise ought to be undertaken by the State Government, before we are called upon to examine the same, which however, could not be undertaken by the State on account of their refusal to accept the application of the applicant, as contended by the applicant though Mr. S.C. Keyal, learned Standing Counsel, NCB submits that the applicant never submitted any such application. We accordingly, direct that the present application filed before this Court be treated as the application of the applicant for release on parole and the respondent authorities will examine the same and pass appropriate order as early as possible.

7. Accordingly, let a copy of the application be submitted to the Superintendent of Jail, Guwahati Central Jail by the applicant within a period of 2 (two) days, which will be forwarded to the concerned authority by the Superintendent of Jail, Guwahti Central Jail for consideration of the plea of the applicant for release on parole which exercise shall be undertaken as early as possible preferably within a period of 2 (two) weeks from the date of receipt of the said application.

8. With the above observation and direction, the present Interlocutory application stands disposed of.

                                         JUDGE                                       JUDGE




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