Dismissed

Omprakash @ Sonti v. State of Chhattisgarh

Chhattisgarh HC3 Apr 2024WPCR/103/2024

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh dismissed a writ petition challenging the forfeiture of earned remission imposed on a convicted prisoner for possession of prohibited articles (ganja, tobacco) inside jail. The court relied on the petitioner's confessional statement admitting possession and found no merit in the claim of procedural illegality.

What the court decided

AI extract

Omprakash @ Sonti Vs State of… — Pension and Retirement Benefits | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPCR No. 103 of 2024

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Omprakash @ Sonti S/o Shri Lalram Soni, Aged About 32 Years Caste Sonar, R/o Village Devari, Police Station Saragaon, District : JanjgirChampa, Chhattisgarh

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---- Petitioner

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Versus

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State of Chhattisgarh Through The Secretary, Home, (Jail) Department, Mantralaya Mahanadi Bhawan, Raipur Chhattisgarh

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The Director General, Prisons and Correctional Services, Head Quarter Prisons And Correctional Services Chhattisgarh Raipur Chhattisgarh.

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The Jail Superintendent, Central Jail Bilaspur Chhattisgarh.

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---- Respondents

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(Cause-title taken from Case Information System)

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For Petitioner : Mr. Rishi Rahul Soni, Advocate For Respondents/State : Mr. Sangharsh Pandey, Government Advocate

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Hon'ble Shri Ramesh Sinha, Chief Justice

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Hon'ble Shri Ravindra Kumar Agrawal, Judge

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Order on Board

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Per Ramesh Sinha, Chief Justice

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04.04.2024

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Heard Mr. Rishi Rahul Soni, learned counsel for the petitioner. Also heard Mr. Sangharsh Pandey, learned Government Advocate, appearing for the respondents/State.

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The petitioner has filed this writ petition with the following reliefs:-

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“10.1 The Hon’ble Court may kindly be pleased to call for the entire records pertaining to this case from possession of the respondents for it’s kind perusal;

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10.2 The Hon’ble Court may kindly be pleased to issue a suitable writ, order or direction and quash/setaside the punishment of forfeiture of 07 days earned remission imposed by the respondent No. 3 upon the petitioner on 26.10.2023 in respect of the prison offence allegedly taken place on 20.10.2023;

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10.3 Any other relief, which this Hon’ble Court may deem fit and proper, may also be passed in favour of the petitioner.”

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Brief facts necessary for disposal of the case are that the petitioner is a convicted prisoner and presently detained in Central Jail, Bilaspur. The petitioner, vide judgment dated 25.02.2016 passed by the learned Sessions Judge, Janjgir (C.G.) in Sessions Trial No. 189/2013, was convicted for offence under Sections 450, 397 & 302 of the Indian Penal Code, 1860 and sentenced to undergo rigorous imprisonment for 05 years and to pay fine of Rs.500/- and in default of payment of fine amount to undergo additional rigorous imprisonment for 03 months, rigorous imprisonment for 07 years and to pay fine of Rs.500/- and in default of payment of fine amount to undergo additional rigorous imprisonment for 03 months and rigorous imprisonment for life and to pay fine of Rs. 1,000/-, in default of payment of fine amount to undergo additional rigorous imprisonment for 03 months respectively with a direction to run all the sentences concurrently. On 26.10.2023, a case in respect of prison offence was prepared against the petitioner and it is alleged that on 20.10.2023 some prohibited articles (Ganja, tobacco and Nitra ten tablet) were seized from the petitioner and as such it is alleged that the petitioner has allegedly committed prison offence.

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On the same day i.e. 26.10.2023, the punishment of forfeiture of 07 days earned remission has been imposed upon the petitioner by the respondent No.3 in respect of the prison offence allegedly taken place on 20.10.2023. Hence, this petition.

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Learned counsel for the petitioner submits that the petitioner has no involvement in the prison offence as alleged to have taken place on 20.10.2023, but it is the jail authority who has punished the petitioner for prison offence just to keep the petitioner deprived of the benefit of leave (parole). He further submits that in so far as the punishment of forfeiture of 15 days earned remission imposed upon the petitioner is concerned, the same is arbitrary, illegal and against the law as the same has been done without conducting proper inquiry, whereas proper inquiry was must to have been conducted before imposition of penalty upon the petitioner under Rule 734 of the C.G. Prisons Rules, 1968 and the same has been done without complying with the procedure given in Rule 734 of C.G. Prisons Rules 1968 and without affording proper and reasonable opportunity of hearing to the petitioner and as such, the imposition of penalty is against the principal of natural justice. He also submits that in so far as the punishment of forfeiture of 07 days earned remission imposed upon the petitioner is concerned, the same is against the law laid down in the matter of Amit Mishra v. State of Chhattisgarh (W.P.(Criminal) No. 110/2023 decided on 17.03.2023) and in the matter of S uraj Kartari Vs. State of Chhattisgarh (W.P.(Criminal.) No. 235/2021 decided on 25.07.2023) .

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On the other hand, learned Government Advocate appearing for the respondents/State opposes the submissions made by the learned counsel for the petitioner and submits that the petitioner has given the confessional statement that on 20.10.2023 on search being made by Ashtkon Officer some prohibited articles i.e. 01 pkt tobacco, 01 pkt of ganja and 04 pieces Nitraten tablet have been seized from Barrack No. A-3, where the petitioner is residing and later on he also admitted that the said prohibited articles belongs to him.

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We have heard learned counsel for the parties and perused the other documents.

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Considering the submissions advanced by the learned counsel for the parties, pleadings made in writ petition and confessional statement of the petitioner dated 20.10.2023 (Annexure-P/2) and dated 25.10.2023 that on 20.10.2023 on search being made by Ashtkon Officer some prohibited articles i.e. 01 pkt tobacco, 01 pkt of ganja and 04 pieces Nitraten tablet have been seized from Barrack No. A-3, where the petitioner is residing and later on he also admitted that the said prohibited articles belongs to him, we do not find any force in this writ petition.

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Accordingly, the writ petition being devoid of merit is liable to be and is hereby dismissed. No cost(s).

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Sd/Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice

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Chandra

Omprakash @ Sonti v. State of Chhattisgarh

Case brief

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What the court decided

Omprakash @ Sonti v. State of Chhattisgarh

Case brief

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