Mohammad Mujaffar Muhammad ... vs The State Of Maharashtra And Ors
2018 Latest Caselaw 341 Bom

                                                                      20. WP 4748-17.doc

DDR

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CRIMINAL APPELLATE JURISDICTION
                            WRIT PETITION NO. 4748 OF 2017


       Mohammad Mujaffar Muhammad Tanveer                        ...Petitioner
                        Vs.
       The State of Maharashtra & Ors.                           ...Respondents
                                  ...........
       Ms. Farhana Shah, Advocate for the petitioner.

       Mrs. G.P. Mulekar, A.P.P. - State.
                                      ...........

                        CORAM : SMT. V.K. TAHILRAMANI ACTING C.J.  
                                       AND M.S.KARNIK, J.

DATE : 11th JANUARY, 2018.

ORAL JUDGMENT (PER SMT. V.K. TAHILRAMANI, A.C.J.):-

Heard both sides.

2. The petitioner has been convicted under the Arms

Act as well as under Section 5 (b) of the Explosive Substance

Act. For the offence under the Explosive Substance Act, he has

been sentenced to RI for 14 years and fine of Rs.20,000/-, in

default, SI for one year. The petitioner is undergoing his

20. WP 4748-17.doc

sentence of imprisonment in Taloja Central Prison. The prayer of

the petitioner is that he be transferred from Taloja Central

Prison to Aurangabad Central Prison.

3. Learned APP has placed reliance on the affidavit of

Shri S.N.Gaikwad, who is the Superintendent of Taloja Central

Prison. In the said affidavit, it is stated that the petitioner has

been convicted on 2/8/2016 and thereafter, for security reasons

it was decided by the Additional Director of Police and Inspector

General of Prison to lodge him at Taloja Central Prison. It is

stated that the offence in which petitioner is convicted, has

occurred in Aurangabad and none of the accused involved in the

said case are kept in the prison at Aurangabad. She further

pointed out that the capacity of Aurangabad Central Prison is

548 for male convicts and at present 1055 male convicts are at

Aurangabad Central Prison. Learned APP further pointed out

that PIL No. 1 of 2014 came to be filed before the Aurangabad

Bench complaining about the congestion of prisoners in

Aurangabad Central Prison and therefore, several prisoners have

20. WP 4748-17.doc

been transferred to other prisons. She submitted that even after

transferring the prisoners there are 1055 male convicts at

Aurangabad Central Prison as against the capacity of 548 male

prisoners. Thus, it is seen that main reason for non transferring

the petitioner is for the purpose of security as the petitioner was

involved in an offence under the Explosive Substance Act,

pertaining to 'RDX' and at present, there is no space at

Aurangabad Central Prison. In this view of the matter, we do not

find this is a fit case to interfere. The Writ Petition is dismissed.

4. Rule is discharged.

 (M.S.KARNIK, J.)                            (ACTING CHIEF JUSTICE)