Sumit @ Pawan v. State

Delhi High Court · 15 May 2025 · 2025:DHC:3820
Girish Kathpalia
W.P.(CRL) 690/2024
2025:DHC:3820
criminal petition_dismissed

AI Summary

The Delhi High Court upheld jail disciplinary punishment against an inmate found in an inebriated state with positive drug test, rejecting belated medical explanation.

Full Text
Translation output
W.P.(CRL) 690/2024
HIGH COURT OF DELHI
Date of Decision: 15.05.2025
W.P.(CRL) 690/2024
SUMIT @ PAWAN .....Petitioner
Through: Mr. Siddharth Yadav, Advocate.
VERSUS
STATE .....Respondent
Through: Counsel for respondent (appearance not given)
WITH
Inspector Manish
Bhati, PS Bhalswa Dairy
CORAM: JUSTICE GIRISH KATHPALIA
JUDGMENT
(ORAL)

1. The petitioner has challenged Punishment Ticket dated 14.06.2023 recorded against him by the jail authorities, which was approved by the District & Sessions Judge concerned.

2. Briefly stated, the misconduct alleged against the petitioner was that on 08.06.2023 at about 03:05pm, he was found in inebriated state suspected to be under drug abuse, so urine drug test was carried out in jail dispensary and the same was found positive. On being called upon to explain, the petitioner stated before the jail authorities that he did not know anything.

GIRISH KATHPALIA Date: 2025.05.15 18:39:37 +05'30' W.P.(CRL) 690/2024 pages Consequently, the jail authorities proposed punishment of stoppage of canteen facility and phone call facility for one month. The proposed punishment was approved by learned District & Sessions Judge concerned.

3. Learned counsel for petitioner contends that the petitioner had consumed medicine namely Tramadol, which led to inebriated state. But in this regard, no such explanation was advanced by the petitioner before the jail authorities. Further, apart from the petitioner two more persons namely Rafigul and Sunil also were found in inebriated state and urine drug test was found positive. However, in case of Sunil, the punishment was not proposed as he claimed to have been prescribed Tramadol which led to the urine drug test positive. As mentioned above, the petitioner never claimed to be under prescription of Tramadol.

4. Considering the above circumstances, I find no merit in the petition. The Punishment Ticket is upheld. The petition is dismissed. (JUDGE) MAY 15, 2025