Rajasthan High Court - Jodhpur
Badrilal vs State Of Rajasthan on 8 December, 2021
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR.
S.B. Criminal Writ Petition No. 435/2021
Badrilal S/o Sh. Kaluram, Aged About 27 Years, B/c Meena, R/o
Lamba Dabra Seemliya, P.s. Peepalghut, Dist. Pratapgarh (Raj.).
(At Present Lodged In Central Jail, Bikaner, Bikaner (Raj.)).
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Dept. Of
Home, Secretariat, Govt. Of Rajasthan, Jaipur.
2. The Director General (Jail), Jaipur.
3. The District Collector, Bikaner.
4. The Superintendent, Central Jail, Bikaner, Bikaner.
----Respondents
For Petitioner(s) : Mr. Dilip Singh.
For Respondent(s) : Mr. S.S.Rajpurohit, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
08/12/2021
Heard learned counsel for the petitioner.
The present Criminal Writ Petition has been filed for
transferring the petitioner to the open air camp, Sanganer. The
case of the petitioner was considered by the Open Air Committee
in its meeting held on 21.07.2020 and 16.04.2021 and the
committed rejected the case of petitioner on the ground that the
petitioner was convicted for committing the offence of smuggling
the narcotics drugs, therefore, if the petitioner is transferred to
the open air camp, he will indulge himself into smuggling of
narcotics drugs once again.
(2 of 3) [CRLW-435/2021]
The counsel for the petitioner submits that the petitioner was
convicted vide judgment dated 18.12.2018 and sentenced to
undergo 10 years R.I. with a fine of Rupees one lakh. If the
default is made for non payment of fine, he will have to further
undergo one year simple imprisonment. It is contended that the
petitioner has already undergone sentence of almost 10 years and
the petitioner being a poor person, is unable to pay the fine of
Rupees One Lakh, therefore, he will have to undergo one year
simple imprisonment. The counsel prays that petitioner may be
sent to open air camp for the period he will undergo one year
simple imprisonment for not satisfying the default of payment of
fine. The petitioner does not incur any infirmity for sending him
to open air camp as per the Rajasthan Prisoners Open Air Camp
Rules, 1972.
I have considered the submissions made at the bar and gone
through the reply filed by the State.
It is a fact that the petitioner has served sentence of 09
years, 06 months and 18 days till 09.08.2021 and therefore, till
now, the petitioner has completed almost 10 years sentence and
since the petitioner being an indigent person is unable to pay the
fine of Rupees One Lakh and therefore, he will have to undergo
simple imprisonment of one year.
The considerations made by the Open Air Camp Committee
on 21.07.2021 and 16.04.2021 respectively show that the case of
the petitioner was rejected only on the ground that the petitioner
was involved in the trafficking of narcotics substance and
therefore, he was convicted and if he is sent to open air camp, he
will indulge himself in trafficking of Narcotics drugs. The ground of
rejection by the committee is neither reasonable nor tenable in
(3 of 3) [CRLW-435/2021]
law. Merely because, a person is convicted for drugs trafficking, it
cannot be presumed that he will indulge himself in the trafficking
of narcotics substance, if he is sent to the open air camp. There is
no foundation for arriving at this conclusion by the committee. In
the opinion of this court, the ground on which the application of
the petitioner for sending him to open air camp has been rejected
is unsustainable and therefore, the same is quashed and set aside
qua the petitioner.
In view of the discussion made above, the Open Air Camp
Committee is directed to reconsider the case of the petitioner for
sending him to open air camp sympathetically in view of the
observations made above in this order.
It is expected that the committee shall consider the case of
the petitioner as expeditiously as possible preferably within a
period of one month from the date of receipt of copy of certified
copy of this order. A copy of this order be sent to the
Superintendent, Central Jail, Bikaner.
The petition is disposed of in above terms.
(VINIT KUMAR MATHUR),J
191-Anil Singh/-
Powered by TCPDF (www.tcpdf.org)
