Wife of an NDPS convict sought mandamus for 21 days ordinary leave for her husband. The State pointed out that NDPS convicts are ineligible for suspension or remission of sentence under the Tamil Nadu Suspension of Sentence Rules read with NDPS Act. The writ petition was closed as not deserving consideration.
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W.P.No.11376 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.06.2024
CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH
AND
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
W.P.No.11376 of 2024
Devi
... Petitioner
Vs.
1.The Deputy Inspector General of Prisons, Prison Head Quarters, Egmore, Chennai.
2.The Superintendent of Prison, Central Prison, Chennai.
... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to grant ordinary leave for 21 days by considering the representation of the petitioner dated 02.04.2024 and release her husband namely Nagaraj S/o.Pakkirisamy aged about 39 years, Convict Prisoner, Central Prison, Puzhal.
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W.P.No.11376 of 2024
F or Petitioner : M/s.S.Nadhiya For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor assisted by Mr.C.Aravind
ORDER
M.S.RAMESH, J. AND
SUNDER MOHAN, J.
This Writ Petition has been filed seeking for a Writ of Mandamus
directing the respondents to grant ordinary leave for 21 days by considering the representation of the petitioner dated 02.04.2024 and release her husband namely Nagaraj S/o.Pakkirisamy, aged about 39 years, Convict Prisoner from the Central Prison, Puzhal.
2.The learned Additional Public Prosecutor submitted that as per Rule 21(h)(3) of the Tamil Nadu Suspension of Sentence Rules, 1982 r/w Rule 32(A) of the NDPS Act, 1985, the prisoner who has been convicted for the offences under the NDPS Act is ineligible to seek for suspension, remission or commutation of sentence.
3.As such, the present Writ Petition does not deserve any
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W.P.No.11376 of 2024
consideration and hence, the same stands closed. No costs.
[M.S.R., J] [S.M., J] 11.06.2024
Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Tsg
To
1.The Deputy Inspector General of Prisons, Prison Head Quarters, Egmore, Chennai.
2.The Superintendent of Prison, Central Prison, Chennai. 3.The Public Prosecutor, High Court, Madras.
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W.P.No.11376 of 2024
M.S.RAMESH, J. and SUNDER MOHAN, J.
Tsg
W.P.No.11376 of 2024
11.06.2024
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1 issue framed by the court
Whether the wife of a convict prisoner under the NDPS Act is entitled to a writ directing grant of 21 days ordinary leave despite the bar in Rule 21(h)(3).
3 provisions across 3 enactments
Devi
The Deputy Inspector General of Prisons, Prison Head Quarters, Egmore, Chennai
The Superintendent of Prison, Central Prison, Chennai
M.S. Ramesh
Sunder Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
