TaxTMI 
TaxTMI 
2014 (1) TMI 1817
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.... stated hereunder to appreciate the case of the appellant and also to find out whether the appellant is entitled to the relief prayed for in this appeal. The appellant had gone as a visitor to the Central Jail, Ferozepur on 17.09.2009. There, on being searched, a mobile phone was recovered from his turban and a charger was recovered from his shoes. An FIR dated 24.09.2009 was filed at the Police Station Ferozepur, under Sections 42 and 45 (12) of the Prisons Act, 1894 (in short "the Act"). The Chief Judicial Magistrate of Ferozepur charged him on 01.05.2010 under Sections 42 and 45 of the Act. The appellant approached the High Court of Punjab and Haryana by way of a petition under Section 482 of the Code of Criminal Procedure, 1973, prayi....
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....ntended that the appellant was hiding a mobile phone in his turban and a charger in his shoe, thus, prima facie, the case under Section 42 of the Act has been made out against him. The counsel also contended that the sections mentioned in the charge sheet are attracted, and that there is no reason for the courts to interfere at this stage. 7. We have heard the rival legal contentions and perused the documents produced on record. Two issues arise for our consideration: 1) Whether an offence is made out under Sections 42 and 45 (12) of the Prisons Act? 2) Whether the High Court was justified in rejecting the petition to quash the FIR? Answer to Point no.1 8. We have to examine Sections 42 and 45 of the Act in detail in order to underst....
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....rate, be liable to imprisonment for a term not exceeding six months, or to fine not exceeding two hundred rupees, or to both." 10. The Punjab Jail Manual lists the prohibited articles in Punjab prisons. Para 606 of the Manual lists the following Prohibited Articles: "..... 1) Spirituous liquors of every description 2) Tobacco and all other substances whatsoever which are or may be intended to be used for the purpose of smoking, chewing or snuffing, and all instruments and appliances whatsoever, which may be used for or in connection with smoking, chewing or snuffing, 3) All explosive, intoxicating or poisonous substances, and chemicals whether fluid or solid of whatever description. 4) All arms and weapons, and articles which are....
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....his section is in force is dated 08.03.2011. The FIR for the offence was dated 24.09.2009. This notification will obviously not apply to the case in hand as the alleged offence was committed in 2009, and retrospective effect will not apply in the case of criminal laws. Hence, there is no offence made out against the appellant and we cannot accept the reasoning of the High Court in the impugned judgment. We hereby hold that this section cannot be made applicable to the facts of the present case. Answer to point no.2 12. It is our view that in light of the settled legal principles, the High Court has erred in dismissing the petition to quash the FIR. 13. Section 482 of the Code of Criminal Procedure reads as under :- "482. Saving of inh....
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....d by a police officer without an order of a Magistrate as contemplated Under Section 155(2) of the Code. 5. Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. 6. Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party. 7. Where a criminal proceeding is manifestly....