HARJINDER SINGH Vs. STATE OF PUNJAB
LAWS(P&H)-2012-5-39
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 10,2012

HARJINDER SINGH Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

- (1.) THE petitioner is serving as a Warder in Modern Central Jail, Faridkot. On 20.2.2012, the petitioner was subjected to search. 600 intoxicating tablets and 6 grams smack kept in polythene were recovered from him. His search was conducted by Bohar Singh Head Warder in the presence of Paramjit Sandhu and Dr.V.P.Singh. On a complaint made by Superintendent Modern Jail, Faridkot FIR has been registered against the petitioner. He has now approached this court for grant of regular bail.
(2.) THE petitioner was to perform duty to keep a watch on the activities of inmates detained in the jail. He is to act as protector of crime. Any illegal activities are required to be checked by him. Instead of discharging his duties, he has rather become a facilitator for supply of intoxicants as dangerous as smack. No wonder that intoxicants are easily available in jail and this is being talked about in extenso. This problem of supply of intoxicants in jail apparently is very wide spread. Even two prominent Newspapers, i.e., "Indian Express" and "Hindustan Times" have very widely covered an affidavit submitted by Superintendent Jail, Kapurthala in this court that 80% of prisoners are drug addicts. It is also reported that drugs are sold in connivance with prison officials and copies of these reports are called and kept on record.
(3.) HOW and from where they are getting this drug would always be a question agitating in the mind of general public and the society at large. Persons, like the petitioner are the one's who are responsible for this supply of drugs inside the jail. Because of them, person confined in jail to undergo the rigors of punishment are able to get intoxicants so easily without any fear of being caught even. From where this supply is coming would be another poser. This needs to be checked and curbed. It is intolerable. I, therefore, deem it appropriate to take suo-motu notice of this wide spread menace. Before any further orders are passed, directions are issued to Sessions Judge of each District/Sessions Division of both the States to conduct surprise checks of all the jails under their jurisdiction and hold an enquiry thereafter in this regard and submit their reports. Further action/direction would then follow to check this mal-practice. A reference here can also be made to a recent issue raised by D.G.P. (Prisons), Punjab.;


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