Delhi High Court
Rahis Abdul Wahid vs N.C.B. on 5 January, 2012
Author: Suresh Kait
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 35/2012
% Judgment delivered on:5th January, 2012
RAHIS ABDUL WAHID ..... Petitioner
Through: Mr. S.S. Das and Mr. Sumit
Sharma, Advs.
versus
N.C.B. ..... Respondent
Through : Mr.Rajat Manchanda, Adv.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
Crl. M.A. 121/2012
Exemption is allowed subject to just exceptions.
Criminal M.A. stands disposed of.
+ Crl. M.C. 35/2012
1. Notice issued.
2. Mr. Rajat Manchanda, Adv. accepts notice on behalf of the
respondent.
3. With the consent of both parties matter is taken for disposal.
4. Ld. Counsel for the petitioner submits that petitioner was
arrested on 28.07.2010 by the respondent, thereafter on 12.01.2011;
respondent filed the complaint against the petitioner. Vide order dated
12.05.2011; charges were framed against the petitioner under Sections
21 (C) and 23 (C) read with Section 29 of the NDPS Act.
5. Ld. Counsel for the petitioner further submits that out of the total
29 prosecution witnesses, only 4 witnesses have been examined.
6. Ld. Counsel for the petitioner has drawn the attention of this
Court to the report dated 06.09.2011 submitted by Medical Officer, In-
charge Medicine Ward, Central Jail Hospital, Tihar, New Delhi which
reads as under:-
"Coronary Artery Disease with Severe LV Dysfunction
with Diabetes Mellitus with Hypertension with
Cholelithiasis with Spondylolisthesis"
7. Ld. Counsel further submits that keeping in view the above
mentioned medical condition of the petitioner, Superintendent, Central
Jail No. 3, Tihar, New Delhi filed an application before the court
concerned stating that Section 53 of Chapter VI of Delhi Jail Manual
"Privileges of Prisoners" provides that "whenever an unconvicted
prisoner is seriously ill, the Superintendent shall report the
circumstances to the Magistrate engaged in the case of or, if the
prisoner is awaiting trial before the Sessions Court, to the Sessions
Judge, in order that if the law permits and the court thinks proper, the
prisoner may be released on bail".
8. It is further stated that in Crl. Ref. No. 1/2007 and Crl. M.A. No.
7030/2007 in the case of Court of its own motion vs. State has
directed as under:-
"As regards undertrials, who reported to be terminally
ill and suffering from what is commonly termed as
incurable disease" the jail authorities to move an
appropriate court on which court shall consider their
case for release on bail on humanitarian grounds".
9. It is observed by this Court that the petitioner was referred to
Escorts Heart Institute on 20.08.2011 and was advised for early
CABG, but the petitioner has not decided for surgery till date as the
same is very expensive and he is not able to bear the cost.
10. Ld. Counsel for the petitioner submits that since the petitioner is
diabetic, despite being hospitalised, surgery could not be performed.
11. Vide the instant petition, the petitioner has sought only to
expedite the trial on day-to-day basis and preferably to conclude the
trial within 03 months from the date of order.
12. Keeping the medical condition of the petitioner, this court is of
the view that ld. Special Judge (NDPS) Patiala House Courts shall take
appropriate steps to conclude the trial of the petitioner expeditiously
and would try to conclude the trial within 04 months.
13. No further order required.
14. Crl.M.C. 35/2012 is allowed on the above terms.
15. Dasti to ld. Counsel for parties.
SURESH KAIT, J
JANUARY 05, 2012
jg
