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1999 Supreme(P&H) 516

T.H.B.CHALAPATHI
Iqbal Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

1. This petition is filed under Section 482 of the Code of Civil Procedure is filed to keep the petitioner in Borstal Institute, Ludhiana instead of shifting him to any other jail.

2. The petitioner along with another was tried for the offences under Sections 364, 386, 302 and 120-B, I.P.C. and convicted and sentenced to undergo imprisonment for life for the offence under Section 302 I.P.C. According to the petitioner, he was born on 9-6-1972 and he was only 20 years old on the date of his conviction i.e. 14-7-1992 and, therefore, he was kept in Borstal Institute, Tajpur Road, Ludhiana from 29-2-1992 to 22-11-1995, 17-6-1997 to 29-9-1997, 1-12-1997 to 15-3-1998, 20-7-1998 to 20-11-1998 and for the intervening period he has been kept in regular jail and now he has been confined in Central Jail, Ludhiana. The petitioner is seeking a direction that he should be detained only in Borstal Institute, Tajpur Road, Ludhiana under the provisions of Punjab Borstal Act, 1926 .

3. The learned counsel for the petitioner has relied upon a decision of this Court in Surta Singh V/s. State of Punjab reported in 1992 (2) R. C. R. 420 wherein it has been held that there is no provision in the


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