This Application is preferred by the convict; being aggrieved by rejection of his request, to grant parole of forty (40) days for preferring Criminal Appeal before higher forum.
Applicant-accused has been convicted for offence punishable under Section 20(B)(ii) of the NDPS Act 31.3.2007. A request made to prefer appeal against such an order and judgment and for grant of parole on that count has not found favour with the jail authorities.
The reason for rejection of the request given is to the effect that the applicant is from a town of Bihar-State. It is to be noted here that the Gujarat State Legal Services Authority; in wake of provisions of Legal Services Authorities Act and pursuant to various decisions for extending the legal aid to the under-trials, prisoners and convicts, has already opened a Clinic at Central Jail, Ahmedabad. Even otherwise, as legal aid is permissible to all the convicts, at his behest, such an appeal can be preferred by any penal advocate empanelled with the Legal Services Authority concerned. And, therefore, this is no ground for this Court to permit such a request. Special Criminal Application stands rejected.
It is further being noted at this stage that the applicant-convict shall be made aware of availability of Legal Aid Clinic at the Central Jail, Ahmedabad and if so desirous of availing such an aid, the District Legal Aid Services Authority, Ahmedabad can be contacted by the convict through the Jail Superintendent, Ahmedabad.
Registry shall forthwith communicate this order to the prisoner, through Jail Superintendent, Vadodara Central Jail.
(Ms.
Sonia Gokani, J. ) sudhir Top