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 ssm                                        4                905-wp2789.18gp.doc

7               We have heard the learned counsel appearing for the

Petitioners and the learned APP for the Respondent-State. CONSIDERATION OF SUBMISSIONS 8 The Prisons Act, 1894 (for short, "the Prisons Act") has been enacted for regulation of prisons. The perusal of the said Act shows that it contains exhaustive provisions such as Maintenance of the Prisons, Duties of Prison Officers, Discipline of Prisoners, Employment of Prisoners, Facilities to the Prisoners as well as the Offences relating to Prison. Chapter XI of the Prisons Act deals with Prison Offences. Section 45 contains a list of Prison offences. Section 46 lays down the punishment to the prison offences. One of the punishments under Sub-Section (4) of Section 46 is punishment of loss of privileges admissible under the remission or furlough or parole system for the time being in force as may be prescribed by rules made by the State Government. Section 48A was introduced in the Prisons Act by way of amendment by the Bombay Act No. XXVII of 1953. Section 48A reads thus-

(2) reduction in grade if such prisoner has been appointed an officer of prison;
(3) loss of privileges admissible under the remission or furlough **[or parole] system; or (4) loss of such other privileges as the State Government may by a general or special order directed".

9 Thus, by a legal fiction incorporated in Section 48A, the failure without sufficient cause to observe any of the conditions on which furlough or parole was granted to a prisoner is made a prison offence. Section 48A also prescribes the punishments which can be imposed for such prison offence. One of the punishments as provided in Sub-Section (3) of Section 48A is loss of privileges admissible under the remission or furlough or parole. Section 49 of the Prisons Act lays down that except for an Order of Court, no punishment other than the punishments specified in Sections 46 and 47 shall be inflicted on any prisoner and no punishment shall be inflicted on any prisoner otherwise than in accordance with the provisions of those Sections.