( 1 ) THE petitioners are undertrial prisoners in Sabarmati Central prison, Ahmedabad. They have two grievances, namely : (1) not allowing them to keep their private tiffin in their barrack at night, and (2) surprise search and seizure during night hours.

( 2 ) THE learned Counsel for the petitioners has submitted that these are the elementary rights of human existence to have food and peaceful sleep at night and the Jail authorities are depriving them of these elementary rights which constitute personal liberty guaranteed under Art. 21 of the Constitution of India. The petitioners submit that as undertrial prisoners, they are entitled and (should be) permitted to have their food from outside twice in a day and the petitioners should be free in the Jail to take their food at the time of their choice at any time and they should be allowed to keep the same with them in the barrack and they cannot be compelled to take their food at the time fixed for the convict prisoners.

( 3 ) AS regards the surprise check at night, it is submitted that before closing the barrack in the evening, there is a complete check and thereafter there is no cause for further check during the night or any surprise check and such check at unreasonable hours would deprive the petitioners-prisoners of peaceful sleep and that would be violative of Art. 21.

( 4 ) IN respect of the first grievance regarding food, reference was made to secs. 31 and 32 of the Prisons Act, 1894. They read as under :"section 31 : Maintenance of certain prisoners from private sources :- a civil prisoner or an unconvicted criminal prisoner shall be permitted to maintain himself, and to purchase, or receive from private sources at proper hours, food clothing, bedding or other necessaries, but subject to examination and to such rules as may be approved by the Inspector General. Section 32 : Restriction on transfer of food and clothing between certain prisoners:- no part of any food, clothing, bedding or other necessaries belonging to any civil or unconvicted criminal prisoner shall be given, hired or sold to any other prisoner, and any prisoner transgressing the provisions of this section shall lose the privilege of purchasing food or receiving it from private sources, for such time as the superintendent thinks proper. "it is, therefore, submitted that the petitioners who are unconvicted prisoners (undertrial prisoners) are permitted to maintain themselves and to receive from private sources food at proper hours and subject to rules as may be approved by the Inspector General of Prisons and it is further submitted that the restriction of proper hours is for receipt of food from outside and not for consumption of food and the undertrial prisoners cannot be compelled to take food at the hours fixed by the Jail authorities and it is further submitted that under Sec. 32, there is restriction on transfer of food and breach of that provision is visited with loss of privilege of receiving the food from private source. It is, therefore, submitted that the undertrial prisoners are entitled to keep the food with them even after close of barrack and consume the same at any time of their choice including at night.

( 5 ) ON behalf of the respondents, it is submitted that the Prisons Act and the Prisons Manual applies to all prisoners including undertrial prisoners. The rules regarding Jail routine in the Jail are provided in Chapter XXII of the Bombay jail Manual, Rule 687 provides for ordinary daily routine and 10-45 a. m. to 11-45 a. m. is the time of morning meals and 4-45 to 5-45 p. m. is the time of the evening meals. It is further provided that these times are approximate and may be altered at the discretion of the Superintendent according to the local circumstances and seasons of the year or consultation with the medical officer. Rule 697 provides that the meals shall be served hot and the prisoner shall take it at a place where the food will be free from contamination and the Convi