Delhi High Court: The Bench of Mukta Gupta, J. dismissed a petition for grant of furlough holding that convicts under Narcotic Drugs and Psychotropic Substances Act, 1985 are not entitled to the same.
The petitioner was convicted for an offence punishable under the NDPS Act and was undergoing a sentence of imprisonment. He applied before the Competent Authority for grant of furlough. However, his application was rejected. Aggrieved thereby, he filed the present petition seeking a grant of furlough.
The High Court noted that according to Rule 1224 of the Delhi Prison Rules, 2018 which came into force w.e.f 1-1-2019, persons convicted for sedition, terrorist activities and under NDPS Act will not be entitled to furlough. While holding that the petitioner was not entitled to the relief sought for, the Court observed that, “furlough is a kind of remission granted as a reward for good conduct, unlike parole which can be granted in exigencies of a situation as well.” Consequently, the petition was dismissed. [Deepender Kumar v. State, 2019 SCC OnLine Del 6773, decided on 23-01-2019]
