Delhi High Court

Sumit @ Pawan vs State on 15 May, 2025

                          $~17
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                                           Date of Decision: 15.05.2025
                          +      W.P.(CRL) 690/2024
                                 SUMIT @ PAWAN                                                       .....Petitioner
                                                    Through:     Mr. Siddharth Yadav, Advocate.

                                                    versus

                                 STATE                                             .....Respondent
                                                    Through:     Counsel for respondent (appearance
                                                                 not given) with Inspector Manish
                                                                 Bhati, PS Bhalswa Dairy


                          CORAM:               JUSTICE GIRISH KATHPALIA


                          JUDGMENT               (ORAL)

1. The petitioner has challenged Punishment Ticket dated 14.06.2023 recorded against him by the jail authorities, which was approved by the District & Sessions Judge concerned.

2. Briefly stated, the misconduct alleged against the petitioner was that on 08.06.2023 at about 03:05pm, he was found in inebriated state suspected to be under drug abuse, so urine drug test was carried out in jail dispensary and the same was found positive. On being called upon to explain, the petitioner stated before the jail authorities that he did not know anything.

W.P.(CRL) 690/2024 Page 1 of 2 pages GIRISH KATHPALIA Digitally signed by GIRISH KATHPALIA Date: 2025.05.15 18:39:37 +05'30'

Consequently, the jail authorities proposed punishment of stoppage of canteen facility and phone call facility for one month. The proposed punishment was approved by learned District & Sessions Judge concerned.

3. Learned counsel for petitioner contends that the petitioner had consumed medicine namely Tramadol, which led to inebriated state. But in this regard, no such explanation was advanced by the petitioner before the jail authorities. Further, apart from the petitioner two more persons namely Rafigul and Sunil also were found in inebriated state and urine drug test was found positive. However, in case of Sunil, the punishment was not proposed as he claimed to have been prescribed Tramadol which led to the urine drug test positive. As mentioned above, the petitioner never claimed to be under prescription of Tramadol.

4. Considering the above circumstances, I find no merit in the petition. The Punishment Ticket is upheld. The petition is dismissed.

GIRISH GIRISH KATHPALIA

KATHPALIA Date: 2025.05.15 18:39:19 +05'30'

GIRISH KATHPALIA (JUDGE) MAY 15, 2025/ry

W.P.(CRL) 690/2024 Page 2 of 2 pages