[2026:RJ-JD:11246]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 298/2026 Chothmal Alias Sunil S/o Shri Narmada Shankar Nagda, Aged About 37 Years, At Present Lodged In Central Jail Udaipur Thorugh His Father Narmada Shankar Nagda S/o Champalal Nagda 58 Yrs R/o Revali Devali Ps Nimachcity District Nimach Mp ----Petitioner Versus

1. State Of Rajasthan, Dept Of Home Rajasthan Jaipur

2. The District General Jail, Jaipur

3. The District Collector, Udaipur

4. The Superintendent Central Jail, Udaipur ----Respondents For Petitioner(s) : Mr. Kaluram Bhati (through VC)

For Respondent(s) : Mr. Deepak Choudhary, AAG, with Mr. Shriram Choudhary, AGA HON'BLE MR. JUSTICE FARJAND ALI

Order

07/03/2026

1. The present S.B. Criminal Writ Petition No. 298/2026 has been filed by the petitioner–prisoner, namely Chothmal @ Sunil S/o Shri Narmada Shankar Nagda, presently lodged in Central Jail, Udaipur, invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. The petitioner has approached this Court with a prayer for quashing the decision dated 07.10.2025 taken by the competent committee whereby the application submitted on behalf of the petitioner for sending him to an Open Air Camp under the Rajasthan Prisoners Open Air Camp Rules, 1972 came to be rejected, and for a direction to the respondents to consider the petitioner for transfer to the Open Air Camp in accordance with law.

2. The brief facts giving rise to the present petition are that the petitioner was tried for offences under Sections 8/18 and 8/25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and came to be convicted by the Court of learned Special Judge, NDPS Act Cases No.2, Chittorgarh in Sessions Case No.22/2018 (85/2018) vide judgment dated 28.02.2025, whereby the petitioner was sentenced to undergo fifteen years’ rigorous imprisonment along with fine of Rs.3,00,000/-. The petitioner is presently undergoing sentence in Central Jail, Udaipur.

3. It has been averred in the writ petition that the petitioner has already undergone a substantial period of incarceration and his conduct in jail has been satisfactory. According to the nominal roll and factual report placed on record by the respondents themselves, the petitioner has undergone a total period of custody exceeding seven years including the period spent during trial, as calculated up to 03.02.2026. It is the case of the petitioner that having completed more than one-third of the substantive sentence and having maintained satisfactory conduct inside the jail, he became eligible for consideration for transfer to an Open Air Camp under the Rajasthan Prisoners Open Air Camp Rules, 1972.

4. It is further stated that the case of the petitioner for transfer to Open Air Camp was placed before the competent committee in its meeting held on 07.10.2025. However, the committee rejected the petitioner’s case. Aggrieved of the said decision, the petitioner has approached this Court by way of the present writ petition, contending that the rejection of his application is arbitrary and contrary to the provisions of the Rajasthan Prisoners Open Air Camp Rules, 1972.

5. Learned counsel appearing on behalf of the petitioner submitted that the petitioner satisfies all the requirements prescribed under the Rules of 1972 for being considered for admission to an Open Air Camp. It was argued that the petitioner has already completed more than one-third of his substantive sentence and his conduct in jail has been recorded as satisfactory. It was further submitted that under the Rules of 1972 there is no provision which debars a prisoner convicted under the NDPS Act from being considered for transfer to an Open Air Camp. Learned counsel therefore contended that the rejection of the petitioner’s application merely on account of the nature of offence is wholly arbitrary and contrary to the scheme of the Rules.

6. Per contra, learned Government Advocate appearing for the respond