ATMA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner, a convict under the Narcotic Drugs and Psychotropic Substances Act, 1985, is undergoing incarceration in the District Jail, Kurukshetra in terms of the sentence awarded to the petitioner. He has been over there for a period of ten years. His period of detention would get enlarged if he would not pay up the fine of Rs. One lac imposed upon him by the learned Trial Judge in that very case. The fine is not reported to have been paid by the petitioner. The petitioner is a native of District Jalandhar. The petitioner had already lost his father. His mother is aged and does not enjoy good health. His wife and four minor children stay in the village in District Jalandhar. His wife has, thus, to travel all alone from District Jalandhar to Kurukshetra to meet her husband. The plea of the petitioner was duly supported by the Panchayat certification. The plea for transfer from Kurukshetra Jail to either Central Jail, Ludhiana or at any jail close to home District Jalandhar was declined by the State of Punjab on an averment that the jails in the State of Punjab were already over crowded and it is not possible to accommodate the petitioner.

(2.) That cause in response was reiterated vide Annexures R/1 and R/2 which are the copies of communications dated 25.2.2008 and 12.2.2009 respectively addressed by the Director General of Prisons, Punjab to the Director General of Prisons, Haryana. Even a person incarcerated in jail on account of accountability for a legal dereliction is entitled to lead a normal life within the walls of a jail. The regular visitations by the spouse and the members of the family of the convict are likely to have a sobering effect from him. He would not feel any emotional void on account of his being in contact with the members of his family.

(3.) In the circumstances of the case, the petition shall stand allowed. It is directed that the petitioner shall be transferred from District Jail, Kurukshetra to District Jail, Kapurthala. Disposed of accordingly.