Harpreet Singh v. State Of Punjab And Another
-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 106/2 CRM-M-34061 of 2020 (O&M) Date of Decision:06.10.2021 Harpreet Singh ...... Petitioner
Versus
State of Punjab and another ...... Respondents CRM-M-30573 of 2021 Vijay Kumar ...... Petitioner
Versus
State of Punjab ...... Respondent
CORAM:
HON'BLE MR. JUSTICE AMOL RATTAN SINGH
Present:
Mr. Ferry Sofat, Advocate, for the petitioner in CRM-M-34061 of 2020.
Mr. Tarun Sharma, Advocate, for the petitioner in CRM-M-30573 of 2021.
Mr. V.G. Jauhar, DAG, Punjab ***** AMOL RATTAN SINGH, J. (ORAL)
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6* 4'A Thus the contention is that in the presence of many other relatives etc. of other prisoners who had also come to meet inmates, it would be virtually impossible for any person to retrieve contraband from his rectum and hand it over to a prisoner.
Having considered the matter, however having now perused the affidavit filed by the ADGP (Prisons), Punjab, dated 15.12.2020, though obviously I would still be of the opinion that the jail authorities are also to blame for not maintaining the mesh wire properly and action therefore should have been taken against them accordingly; however looking at the fact that 200 tablets are alleged to have been smuggled into the prisons in the body cavity of petitioner Vijay Kumar and are alleged to have been handed over to petitioner Harpreet Singh
-4through the break in wire meshing, in prison, I see no ground to entertain these petitions, which are consequently dismissed and the interim order vacated. It is made clear that no observations made by this court in any of the orders passed in these petitions, would have any bearing at all on the merits of the case, which naturally would proceed further on the basis of evidence gathered/led before the trial court (if it comes to that stage). (* !
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October 06, 2021 (AMOL RATTAN SINGH) dinesh JUDGE Whether speaking/reasoned Yes Whether Reportable No