AKHILESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner, an undertrial prisoner, who has been transferred from Divisional Jail, Nawada to Central Jail, Bhagalpur being aggrieved by the order as contained in Annexure -1 has come to this court challenging the correctness, validity and propriety of the said order.

(3.) LEARNED counsel for the petitioner referring to Section 268 of the Code of Criminal Procedure and Section 29 of the Prisoners Act, 1900 submitted to the court that powers under Section 268 of the Code of Criminal Procedure do not relate to transfer of one prisoner from one prison to another but in fact clothes the State Government with a power to issue an order that a particular offender/undertrial prisoner shall not be produced before a Court even if a production warrant is issued under section 267 of the Code of Criminal Procedure. Interpreting section 29 of the Prisoners Act, it is further contended that class of the convicts only can be transferred from one jail to another and as the petitioner is not a convict he should not be transferred either under Section 29(1) or Section 29(2) of the said Act.