RAM BIHARI Vs. STATE OF C.G.

JUDGEMENT

(1.) The default pointed out by the Registry is hereby over-ruled.

(2.) By the instant petition, the petitioner seeks the following reliefs:

(3.) The petitioner is a under trial prisoner who has been arrested in connection with Crime No. 13/2024, registered at Police Station Lakhanpur, District Surguja (C.G) for offences punishable under Sec. 21 (c) of Narcotics Drugs and Psychotropic, Substance Act, 1985 and is languishing in Central Jail Ambikapur District Surguja (C.G) and is facing trial bearing Sp. Cr. (NDPS) Case No. 15/2024 titled as State of C.G Vs. Ram Bihari & Anr. which is pending before Special Judge (NDPS) Ambikapur District Surguja (C.G) and is languishing in Central Jail Ambikapur. Since the petitioner is in jail therefore the wife of the petitioner has preferred an application before the trial court for seeking permission to bring the petitioner from to jail to office of Sub Registrar Ambikapur District Surguja (C.G), for executing a sale deed and selling the land of his joint family for the reason that petitioner is the only earning member of the family and the Wife and Children of the petitioner have financially broke down and have now become hand to mouth to earn livelihood and food in a very poor condition. Since the Trial Court has rejected the application filed by the petitioner vide order dtd. 13/12/2024 on the ground that petitioner has not furnished the whereabouts and details of the land which is intended to be sold by the petitioner and further went to discus and hold that execution of sale deed by a prisoners is a matter relating to the concerned department. The petitioner submits that the petitioner's constitutional right to property and to purchase and sell his property has been curtailed and he has every right to execute a sale deed being inside the prison and as per Sec. 38 (1) (b) of the Registration Act 1908, person who is in Jail in Criminal and Civil process have been exempted from appearance at Registration office, therefore petitioner also can execute the sale deed in the jail itself. The petitioner, therefore, prays for direction to jail authorities to facilitate the execution & signing of document of sale deed as per Jail Manual and further direct the Registrar / Sub Registrar to act in accordance with sec. 38 of the Registration Act on application being made by petitioner for execution of sale deed.