Varinder Singh Vs. State of Punjab & Anr.
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Head Note
The Code of Criminal Procedure, 1973 - Section 482
Prisons Act, 1894 - Section 42, 45(12), 59 - FIR - Quashing of - Sustainability - Appellant had gone as a visitor to the Central Jail - There, on being searched, a mobile phone was recovered from his turban and a charger was recovered from his shoes - FIR was lodged u/ss. 42 and 45 (12) of the Act - Trial Court charged appellant u/ss. 42 and 45 of the Act - Aggrieved appellant filed an application u/s. 482 CrPC praying that the FIR be quashed - HC dismissed the petition - Hence instant appeal - Held, s. 45 of the Act provided for acts which were declared to be prison offences when committed by a prisoner - S. 45 (12) of the Act made receiving, possessing or transferring any prohibited article a prison offence - Appellant was not a prisoner at the date of the commission of the offence - S. 42 of the Act provides that only that communication, which was contrary to the rules made u/s. 59 of the Act was prohibited - Jail Manual list does not mention Mobile phone or charger as one of the prohibited articles - Thus, the communication, even if it was attempted to being done, was not contrary to the prison rules, and thus, was not an offence under S. 42 of the Act - Appeal allowed.
Topic(s)-
Important Decision(s)- Jail Manual list does not mention Mobile phone or charger as one of the prohibited articles.