1 ladda IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION No.1338 of 2009 Vinesh Karunakar Shetty. ..Petitioner. Through Jail. vs. State of Maharashtra ..Respondent. Mr F.R.Shaikh, A.P.P.,for the State. CORAM: BILAL NAZKI AND A.R.JOSHI,JJ DATED: 14TH OCTOBER,2009 P.C.:- 1. Petitioner s grievance is that the food articles are not available in the jail canteen at the usual price and out of permitted 87 items which are supposed to be available in the jail canteen, at a time, only ten to twelve items are in the stock. He has also stated that the jail canteen sales the items available in it on 2 prices higher than even the quoted maximum retail price. 2. The petitioner submits that the relatives of the prisoners would get items of daily use and hand overs to the prisoners when they were brought to the court for hearing but it is not being allowed to be taken by the prisoners. He also stated that he was not keeping good health and had some kidney problem and skin disease. In the counter affidavit, Jail Authorities have conceded that the petitioner had some skin disease for which he was being treated. They have, however, denied that he had any kidney problem. 3. The respondents have opposed the prayer that the prisoners should be allowed to receive the goods or items from their relatives when they are brought to the court. 4. After hearing the learned A.P.P., we dispose of the petition with the directions that the canteen shall ensure the availability of 3 all the food items which are supposed to be available all the time and they are sold at genuine price and not at any exorbitant cost. We further direct that whenever a prisoner is brought to the court for trial, if any items of use are sought to be handed over by the relative or his friends to a prisoner, such prisoner shall be allowed to take such items with the permission of the court concerned, subject to security check. We also direct that the courts in such cases will consider each case on its own merit and shall not allow items in bulk to be taken by the prisoner so that a prisoner does not enter into any commercial activity inside the jail. The concerned court should ensure that the items which are being provided are for his personal use. 5. We also direct that the prisoner- petitioner shall be examined by a Specialist for his alleged kidney disease and if necessary shall be provided necessary treatment. 4 6. With these directions writ petition is disposed of. The learned A.P.P. to communicate the order to the jail authorities immediately. (BILAL NAZKI,J) (A.R.JOSHI,J)