Prisons Act, 1894, Section 30, 59, Punjab Jail Manual -- Chapter XXIX, Para 368 - Prisoner sentenced to death - Accused/appellants kept in solitary confinement - Under Para 368 the provisions of keeping convict of death sentence in solitary confinement before exhaustion of his constitutional, legal and fundamental rights is without authority of law and also violative of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A, 37, Constitution of India, 1950, Article 32, 142, Punjab Jail Manual -- Remission of sentence - Denial of power of Courts to suspend sentence which has been declared as unconstitutional, does not confer a right on the convict to ask for suspension of sentence as a matter of right in all cases nor does it..........
Criminal Procedure Code, 1973, Section 432, Prisons Act, 1894, Section 59, New Punjab Jail Manual -- Para 431 - Premature release - Denial of - Challenge - Convict involved in criminal conspiracy, smuggling of arms, and explosives - As per his conduct he was having wide network to cause harm and create disturbance to national security - Merely because convict was..........
Prisons Act, 1894, Section 42 -- Communication through mobile phone - Mobile phone or charger are not one of the prohibited articles as per Para 606 of Punjab Jail Manual - Held, communication, even if it was attempted to being done, was not contrary to prison rules, and thus, is not an offence u/s 42 of the Act...........
Indian Penal Code, 1860, Section 354, 384, Constitution of India, 1950, Article 161 - - Punjab Jail Manual, 1916, Para.637 - Grant of special remissions to prisoners - Notifications dated 21.04.1982 and 07.11.1985 - Even after judgment of Supreme Court convicting appellant/prisoner on four counts, he did not surrender before any Court and warrants of arrest had to be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 32A -- Punjab Jail Manual, Paras 633-A, 639, 644, Constitution of India, 1950, Article 161 - Accused convicted u/s 15 NDPS Act and sentenced to 10 years RI - Accused seeking pre mature release on the basis of remission given by Government - Remissions were granted u/s 432 Cr.P.C. and not under Article 161 -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A, Criminal Procedure Code, 1973, Section 432(1), Constitution of India, 1950, Article 161 -- Punjab Jail Manual, Paras 633-A, 644 and 699 - A convict under NDPS Act is not entitled to benefit of remission - Accused has to serve full term of imprisonment...........
Punjab Jail Manual -- Pakistani National and other Foreign Convicts serving imprisonment in Punjab Jails - Jail authorities not getting any work from them assigning security reasons - Held, no mandate caused on the authority in the Jail Manual creating obligation to provide work to the convicts - Jail authorities advised to examine the ways and means to engage Pakistani..........
Prisons Act, 1894, Section 45(16) -Punjab Jail Manual, Paras 611, 613, 633-A (As applicable to Haryana)- Assisting convict to escape - Prosecution u/ss 223, 224, 225, 332, 353/34 IPC - In addition to this entire leave earned also cancelled - Cancelling leave set aside as remission could not be cancelled till accused is convicted...........
Punjab Jail Manual -- Para 509 - Jail - 'Better class facilities' - Petitioner sentenced to life imprisonment - Petitioner a Graduate and now a Post Graduate - In case petitioner files a representation for 'better class facilities' authority shall consider the same...........
