Punjab-Haryana High Court
Raj Kumari @ Raja vs State Of Punjab on 25 September, 2023
Neutral Citation No:=
207
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
IOIN-CRM-M-15921-2023 in
CRM-M-15921-2023
RAJ KUMARI @ RAJA
.....PETITIONER
VERSUS
STATE OF PUNJAB
.....RESPONDENT
Present: Office note.
*****
Vide order dated 21.07.2023, the Superintendent of Central Jail,
Gurdaspur was called upon to appear and file his affidavit to explain as to why
wrong information is being given in the custody certificate, which was deputed to
Mr. Rajiv Verma, DAG, Punjab.
In pursuance of the order dated 21.07.2023, reply by way of an
affidavit dated 11.08.2023 of Navinder Singh, Superintendent, Central Jail,
Gurdaspur has been filed today in the Court, who is also present in person. In paras
8 & 9, the reasons and explanation are recorded, which can be read as under:-
8.That it is brought to the kind notice of the Hon'ble Court that a
history ticket for every prisoner is generated/made immediately on his
admission into prison, which is maintained in the manner as mentioned
in the Punjab Prison Rules, 2022 throughout the period during which
such prisoner remains in confinement. Such data is also be maintained
digitally in the integrated prison management system. Once a prisoner
is released on bail and the court acquits him or released him on
probation then the concerned Court gives no information relating to
his case or about his release to the jail. Hence the Jail record cannot
be updated. If the court convicts the accused-person and he is already
in the jail then only a conviction warrant is sent to the jail by the
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Court. Thereafter the jail records of the prisoner is updated
accordingly.
As regards the case of FIR No. 163 dated 14.12.2019, the petitioner
was found to be guilty of the offence punishable under section 21
NDPS Act in this case. The Ld. Court took a lenient view and released
the petitioner on probation vide judgment and order dated 08.02.2022.
However, no order/information was received in the office of deponent
in this behalf from the concerned Trial Court, due to which the record
of the petitioner could not be updated. Therefore, seven cases were
shown pending including FIR No. 163 dated 14.12.2019 in the e-
custody certificate which was submitted in the Hon'ble Court on 12.04
2023. The deponent did not mislead the Hon'ble Court, the e-custody
certificate that was submitted to the Court as per jail record. There
was no mala-fide intention of the deponent behind this error.
9.That the deponent deeply regrets and most humbly tenders his
unconditional and unqualified apologies to this Hon'ble Court for an
error in the e-custody certificate of the petitioner to comply the
directions made by this Hon'ble Court on 09.04.2023 despite best
efforts mainly due to reasons outside the control of the deponent".
After having gone through the submissions made in paras 8 & 9,
wherein reasons and explanation is given, as to why error was made in the custody
certificate and the assurance given by the Officer, who is present in Court that in
future due efforts and caution would be made while providing information to the
Court with regard to the custody certificate of the accused, whether during trial or
facing conviction, this petition need not to be proceeded further, as this Court is
satisfied on the submissions made in the affidavit. Hence, the same is disposed of.
(SANDEEP MOUDGIL)
25.09.2023 JUDGE
Meenu
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