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1990 Supreme(P&H) 224

A.P.CHOWDHRI
Harbans Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

A.P.Choudhri, J.

1. The petitioner is undergoing life imprisonment following conviction in a case relating to murder and rape. During the course of his undergoing the imprisonment he was awarded four jail punishments, which he has challenged through the writ petition. Return has been filed by the respondents. There is no dispute with regard to three out of the said four jail punishments, that no judicial appraisal was obtained. They are unsustainable and are therefore, set-aside. With regard to jail punishment mentioned at No. 3, the material facts are mentioned in paragraph 3 of the writ petition. These averments are to the effect that on 21-7-1984 Bhajan Singh warder and Baljinder Singh, Assistant Superintendent Jail found the petitioner under the influence of intoxication at 8 P.M. Convict Warder Swaran Singh recovered 20 intoxicating tablets and the petitioner was subjected to medical examination. He was kept in a segregation cell and produced for further proceedings before the Superintendent Jail own 26-3-1984. The Superintendent Jail recorded in the proceedings dated 26-3-1984 that the convict was present in person; he was given full opportunity to defend himself. The

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