Why in News ? The term was recently used in in the case of Dhanraj Aswani v. Amar S. Mulchandani and Anr.

What the SC has said in this Case ?

The case Dhanraj Aswani v. Amar S. Mulchandani & Anr. (2024) deals primarily with the question of whether a person already in custody for one case can apply for anticipatory bail in a separate case.

• The Supreme Court of India ruled that an accused in judicial custody for one offense can indeed seek anticipatory bail for a different offense, emphasizing that custody in one case does not negate the individual’s right to seek pre-arrest bail in another case.
• About A Prisoner Transit Warrant (commonly referred to as a P.T. Warrant) is a legal instrument used under Section 267 of the Criminal Procedure Code (CrPC), 1973.
• It allows the court to order the production of a person who is already in custody (prison or jail) for the purpose of trial, inquiry, or investigation in another criminal case, or for any other lawful purpose.
• This ensures that even if a person is in custody in one case, they can be brought before another court where their presence is required.

Key Provisions of Section 267 CrPC:

1. Court’s Power to Issue a P.T. Warrant:

Section 267(1): The court can issue a P.T. Warrant when it considers that the presence of a person who is detained or imprisoned in any prison is required for:

• Answering a charge of an offense.
• Being a witness in a criminal case.
• For any other purpose such as investigation, trial, or judicial proceedings.
• The court has the discretion to summon the prisoner from a different jurisdiction or state for these purposes.

2. Purpose of the P.T. Warrant:

• The warrant is typically used when the prisoner needs to be produced in a court of law, either as an accused or a witness, for a different proceeding than the one they are currently detained for.
• It facilitates the transfer of a prisoner to another court without causing undue delay in legal proceedings.

3. Conditions for Issuance:

• The court must be satisfied that the prisoner’s presence is necessary.
• The issuance of the warrant is contingent upon the court having jurisdiction over the case or inquiry for which the prisoner’s presence is required.

4. Procedure for the Transfer of the Prisoner:

• Once a T. Warrant is issued, it is sent to the officer in charge of the prison where the prisoner is detained.
• The officer must ensure that the prisoner is safely escorted and produced before the court as required.
• After the purpose of the transfer (such as giving evidence or attending the trial) is fulfilled, the prisoner is returned to the original custody.

Recent case:

• A significant ruling regarding Prisoner Transit Warrants (P.T. Warrant) was delivered by the Madras High Court in 2022. The court emphasized that a P.T. Warrant cannot be converted into a regular warrant.
• This was highlighted in the case of Noorudeen alias Rafi, who was initially on bail in a case under the Unlawful Activities (Prevention) Act (UAPA).
• The court noted that when a person is on bail but fails to appear before the court, a non-bailable warrant may be issued.
• However, once the individual is produced through a P.T. Warrant, the court must give them an opportunity to explain their absence before taking further steps.