Ramesh @ Dudhiya v. State NCT of Delhi

Delhi High Court · 07 May 2025 · 2025:DHC:3422
Girish Kathpalia
W.P.(CRL) 502/2024
2025:DHC:3422
criminal petition_dismissed

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The Delhi High Court upheld disciplinary punishment against a prisoner for possession of tobacco in jail based on his written confession despite absence of CCTV footage.

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W.P.(CRL) 502/2024
HIGH COURT OF DELHI
Date of Decision: 07.05.2025
W.P.(CRL) 502/2024
RAMESH @ DUDHIYA .....Petitioner
Through: Mr. Chetan Bhardwaj, Advocate (through videoconferencing)
VERSUS
STATE NCT OF DELHI .....Respondent
Through: Mr. Rahul Tyagi, ASC for the State
WITH
ASI Om Prakash, PS Sarai
Rohilla
CORAM: JUSTICE GIRISH KATHPALIA
JUDGMENT
(ORAL)

1. The petitioner prisoner has assailed Punishment Ticket no. 582 dated 05.07.2023 issued by Central Jail No. 14, Mandoli, Delhi.

2. I have heard learned counsel for petitioner as well as learned ASC.

3. It appears that on 05.07.2023, the petitioner was found illegally carrying 300 grams tobacco in jail. The petitioner, earlier was released on furlough on 13.06.2023 for a period of three weeks and had to surrender on 05.07.2023. On 05.07.2023, during routine frisking at CPRO Mandoli Jail, 300 gram tobacco was recovered from him. The recovered tobacco was KATHPALIA Date: 2025.05.07 18:16:20 +05'30' W.P.(CRL) 502/2024 pages seized and handed over to the duty officer concerned. The petitioner having confessed the wrong after service of notice, punishment of stoppage of mulakat and canteen facilities for one month was recommended by the Jail Superintendent and the same was approved by the concerned Principal District & Sessions Judge.

4. Learned counsel for petitioner contends that footage of none of the CCTV cameras installed at CPRO Room of the jail has been produced by the respondent. In response, learned ASC points out that there was no need to produce the CCTV footage because the petitioner confessed his wrong in writing.

5. Along with the status report, the respondent has filed a copy of hand written Hindi response of the petitioner to the notice issued to him and in the same, the petitioner admitted his guilt and also sought pardon. That being so, there was no occasion for the jail authorities to produce the CCTV footage in order to establish their charge.

6. I am unable to find any infirmity in the impugned Punishment Ticket, so the same is upheld and the present petition is dismissed.

GIRISH KATHPALIA, J MAY 7, 2025 ‘rs’ KATHPALIA Date: 2025.05.07 18:16:39 +05'30'