SAMPURAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner is a life convict. He was awarded life sentence under three counts by the Additional Sessions Judge, Solan, Himachal Pradesh, vide judgment and order dated 28.6.1978. The petitioner was committed to prison in the State of Himachal Pradesh. Later under Section 3(2) of the Transfer of Prisoners Act, 1950, he was transferred to the State of Punjab presumably because he was a resident of the State of Punjab. He has approached this court for grant of the following reliefs : - 1. For determination and declaration as to which Government i.e. the Himachal Pradesh Government or the Punjab Government, should exercise the power for remission of sentence under Section 432 of the Code of Criminal Procedure.

(2.) SO far as the first point is concerned, the answer is available in sub -section (7) of Section 432 of the Code of Criminal Procedure which reads as under : -

(3.) SO the appropriate Government in the instant case would be the Government of Himachal Pradesh who would be empowered to exercise powers under Section 432 of the Code of Criminal Procedure. Even otherwise, in their returns, the Punjab Government has specifically disowned responsibility for deciding such a matter and the State of Himachal Pradesh has specifically owned responsibility to do the needful in the matter at an appropriate time. Thus it is determined and declared that it as the State of Himachal Pradesh who would exercise powers under Section 432 of the Code of Criminal Procedure in the case of the petitioner.