SAUDAGAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SAUDAGAR Singh petitioner has sought quashment of the jail punishment awarded to him on February 10, 1987 by the Superintendent, Central Jail Ludhiana, under Section 46 of the Prisons Act, 1894 contending that the punishment was awarded to him without following the proper procedure. It was further averred that no opportunity was afforded to him to cross-examine the witnesses. Copy of the order was not even served upon him.

(2.) IN the return filed by the Superintendent, Central Jail, Ludhiana, the allegations of the petitioner were controverted. On the other hand, it was averred that on February 10, 1987 at about 5 p.m. Head Warder. Jai Krishnan and Head Warder Inderjit Lal had searched the petitioner in his barrack and 8 intoxicant tablets were recovered from his possession and that a regular, enquiry Was held and which the petitioner was given full opportunity to cross-examine the witnesses. Thereafter, necessary approval for the punishment awarded was obtained from the learned Sessions Judge vide latter's order dated March 9,1987.

(3.) THE matter does not rest here, as the alleged confession of the prisoner before the Superintendent Jail was not recorded in the words of the prisoner and thus this Court is at a disadvantage to ascertain the voluntary nature or genuineness of the confession. This, the above-referred proceedings before the Superintendent Jail culminating in the passing of the punishment order stand vitiated for non-observing the rules of natural justice and not allowing the prisoner proper opportunity to defend himself.