Bhupender Singh v. State

$~39 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2064/2019 & CRL.M.A. 36418/2019 BHUPENDER SINGH ..... Petitioner Through:

Mr Saurabh Soni and Mr Mannat Singh, Advocates.

versus STATE ..... Respondent Through:

Mr Avninder Singh, ASC for Mr Ashish Aggarwal, ASC for State with SI Sanjeet Singh, PS Rajouri Garden.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 31.10.2019 1.

The petitioner has filed the present petition, inter alia, impugning Punishment Ticket-07 dated 20.02.2019 issued by the Superintendent Jail No.2, Tihar, New Delhi and all proceedings arising therefrom. 2.

The Coordinate Bench of this Court had considered the rival arguments on 21.08.2019. The Court observed that punishment ticket had been issued on 20.02.2019, as the petitioner was found in possession of a sealed white thread roll while he was trying to take the said product from the Jail Factory Gate without permission or intimation to the concerned staff. It is also seen from the record that the petitioner had admitted his guilt and the punishment had been awarded to him for suspension of mulakat and phone facility for a period of fifteen days. The said punishment has also been approved by the concerned District Judge.

3.

This Court had also noticed that prior to the incident of 20.02.2019, the petitioner had been awarded jail punishments on twenty-two occasions as he was found in possession of prohibited articles (tobacco, currency notes, surgical blades, etc).

4.

This Court has considered the submissions advanced on behalf of the petitioner and the reply filed by the respondent and finds no merit in the present petition.

5.

The Director General of Prison has also filed the status report indicating that it is not feasible to preserve the CCTV footage in all cases where punishment is meted out to inmates.

The said report is taken on record.

6.

The petitioner has also filed an application for issuing a production warrant. Since the matter has been finally heard, this Court does not consider it necessary for the production warrant to be issued at this stage. 7.

In view of the above, the petition and the pending application are dismissed.

VIBHU BAKHRU, J OCTOBER 31, 2019 MK