1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1602 OF 2009 Ganesh Pundalik Tandale .. Petitioner Vs. The State of Maharashtra .. Respondent Mr.N.N. Gawankar i/b Mr.Arfan Sait for the petitioner Ms.A.S.Pai, A.P.P. for the State CORAM : J. N. PATEL & A.A. SAYED, JJ DATE : 25TH NOVEMBER, 2009 P.C. : 1. In reply to the specific query made by this court as to how the petitioner prisoner has been classified as member of Amar Naik Gang, the A.P.I. Mr.Pawar attached to Colaba Police Station has filed an affidavit in reply to which he has annexed an extract from Gangster Register known as Nond Vahi maintained by the Police Station. 2. The learned A.P.P. has pointed out to us that there is an entry of members of Amar Naik Gang in the Gangster Register maintained by Colaba Police Station, extract of which is annexed to the above cited affidavit in reply. 2 Except for this, the police station has no other material to show that the petitioner prisoner belongs to Amar Naik Gang. The classification which the prison authorities have done in jail records is based on the information received by them through the police, is without any basis. 3. Therefore, we quash the decision dt.9.11.09 taken by the Committee under the Chairmanship of Inspector General of Prison and direct respondent State to reconsider the case of the petitioner for being sent to open prison without being influenced by its earlier decision. We direct the State to take up for consideration the case of the petitioner by holding a special meeting within a period of 4 weeks from today. 4. Petition stands disposed of accordingly. ( J. N. Patel, J) (A.A. Sayed, J)