Frank vs State Of Punjab

Vide a detailed judgment dated 26.02.2020, the appeal was partly allowed and the sentence of appellant Frank was reduced to the the period already undergone by him. The operative part of the order reads as under:

"After hearing the counsel for the parties and going through the Lower Court record, I uphold the judgment of conviction passed by the trial Court, however, considering the fact that the appellants have undergone 01 year, 08 months and 23 days of substantive sentence and also in view of the fact that they are foreign nationals, the present appeals are partly allowed and the sentence awarded to both the appellants namely Frank and Chinnoya is reduced to the period already undergone by them i.e. 01 year, 08 months and 23 days and till their deportation, the appellants will not be released from the Jail till the emigration and the deportation proceedings are completed by Bureau of Immigration or the Senior Superintendent of Police, Mohali under Foreigner Regional Registration Office and after due verification, both of them will be taken to airport by a team, authorized by the Senior Superintendent of Police/F.R.O., Mohali, to hand over their custody to the concerned Emigration Authorities.

Disposed of accordingly.

The Senior Superintendent of Police/F.R.O., S.A.S. Nagar, Mohali is also directed to ensure the deportation of both the appellants and to keep them in jail custody till the time the formalities of their deportation are completed and they are handed over to Emigration Authorities along with their passports which will be released from the custody of the Court/police in due course."

As per the aforesaid order, appellant was to be deported, however, now a reference is received from the Superintendent, Central Jail, Patiala, in which following two points have been raised for clarification from this Court:

"1. Fine of Rs. 30,000/- imposed by the trial Court which is silent in this order.

Case FIR No. 4 dated 03.01.2019, U/s 52-A Prisons Act, Police Station Tripuri Patiala, pending in the learned court of Judicial Magistrate 1st Class, Patiala. Next date of hearing is 19. 03.2020. (On bail)"

Learned counsel for the applicant-appellant has submitted that trial is not proceeding in aforesaid FIR No. 4 dated 03.01.2019, under Section 52-A of the Prisons Act. For ready reference Section 52 of the Prisons Act, 1894 is reproduced below:

"52. Procedure on committal of heinous offence.-If any prisoner is guilty of any offence against prison-discipline which, by reason of his having frequently committed such offences or otherwise, in the opinion of the Superintendent, is not adequately punishable by the infliction of any punishment which he has power under this Act to award, the Superintendent may forward such prisoner to the Court of the District Magistrate or of any Magistrate of the first class 31 [or Presidency Magistrate] having jurisdiction, together with a statement of the circumstances, and such Magistrate shall thereupon inquire into and try the charge so brought against the prisoner, and, upon conviction, may sentence him to imprisonment which may extend to one year, such term to be in addition to any term for which such prisoner was undergoing imprisonment when he committed such offence, or may sentence him to any of the punishments enumerated in section 46:

[Provided that any such case may be transferred for inquiry and trial by the District Magistrate to any Magistrate of the first class and by a Chief Presidency Magistrate to any other Presidency Magistrate: and]

Provided also that no person shall be punished twice for the same offence."

Considering the fact that the appellant has overstayed in jail w.e.f. 26.02.2020 till today, i.e. for a period of 06 months 28 days, this Court deems it appropriate to quash the aforesaid FIR No. 4 dated 03.01.2019, registered under Section 52-A of the Prisons Act at Police Station Tripuri, Patiala, as the maximum sentence is one year, by exercising its SUO MOTU power as well as considering the fact that this FIR was registered during the pendency of the present FIR under the NDPS Act and the appellant has already undergone the substantive sentence in this FIR, after his sentence was reduced in the present FIR on 26.02.2020.

Accordingly, FIR No. 4 dated 03.01.2019, under Section 52-A of the Prisons Act, registered at Police Station Tripuri, Patiala is hereby quashed.

Therefore, with regard to point No. 1, it is clarified that since the sentence of the appellant was reduced, the recovery of the fine of Rs. 30,000/-also stands waived off.

With regard to point No. 2, it is clarified that the said FIR stands quashed by this Court today itself so as to enable the police authorities/Superintendent of Jail, Patiala to deport the appellant immediately.

However, it is clarified that till the time, the appellant is deported in terms of order dated 26.02.2020, he will remain in jail custody.

The respondent-authorities will make efforts to arrange for tickets for the immediate deportation of the appellant by contacting the Embassy concerned.

Let the needful be done within a period of four weeks from today.

CRM-21142-2020 is disposed of.

Reference stands answered.