Kerala High Court
Yasar Arafat vs State Of Kerala on 25 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
THURSDAY, THE 25TH DAY OF APRIL 2024 / 5TH VAISAKHA, 1946
WP(CRL.) NO. 346 OF 2024
CRIME NO.28/2011 OF NILAMBUR POLICE STATION, MALAPPURAM
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.49 OF 2011 OF SPECIAL
COURT (NDPS ACT CASES), VADAKARA
PETITIONER/ACCUSED:
YASAR ARAFAT
AGED 34 YEARS
S/O MUSTAFA, NADUTHODI NEAR GLPSCHOOL,
CHEMBAKKUTHU EDAVANNA, MALAPPURAM, PIN - 676 541
BY ADVS.
GAYATHRI MURALEEDHARAN
ARATHY P.
ANJANA S. RAJ
RESPONDENTS:
1 STATE OF KERALA
DEPARTMENT OF HOME AFFAIRS,
REPRESENTED BY THE HOME SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001
2 DIRECTOR GENERAL OF PRISONS AND CORRECTION SERVICES
PRISONS HEADQUARTERS, POOJAPPURA,
THIRUVANANTHAPURAM, KERALA, PIN - 695 012
3 THE SUPERINTENDENT
CENTRAL PRISON AND CORRECTIONAL HOME, POOJAPPURA,
THIRUVANANTHAPURAM, KERALA, PIN - 695012
SRI. NOUSHAD K. A,SR. PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
25.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl) NO.346 of 2024
2
JUDGMENT
Dated this the 25th day of April, 2024
This is an application seeking parole for the
petitioner who has been convicted and sentenced to
rigorous imprisonment for four years and to a fine of
Rs.75,000/- (Seventy Five Thousand) and in default of
payment of fine to undergo imprisonment for six months
for the offence punishment under Section 20(b)(ii)(B) of
the Narcotic Drugs and Psychotropic Substances Act,
1985. The conviction and sentence has been confirmed
by this Court by judgment dated 10.07.2020 in Criminal
Appeal No.992/2013. The present petition seeking parole
is on the ground that as he is suffering from cancer and
that he needs to take treatment from MVR Cancer Centre
and Research Institute, Kozhikkode.
WP(Crl) NO.346 of 2024
2. Report of the Superintendent Central Prison &
Correctional Home, Thiruvananthapuram has been called
for. The relevant portion of the report reads thus;
"On 14/03/24 he has consulted at Nephrology and
Urology OPD at Govt. MCH TVM advised for an USG
Abdomen evaluation. The study was conducted on
25/03/24, with the report on the same day urology
advised to review after 1month. His nephrology review
advised to restrict the intake of water and to avoid
nephrotoxic medicines. With the Echo report the
Cardiology review is scheduled on 09/04/24. He has
consulted at RCC with the nephrology and urology
evaluation reports on 02/04/24, his next RCC review is
scheduled on 11/04/24 and his nephrology and urology
reviews are scheduled on 18/04/24 and 29/04/24
respectively. His Medical neurology review date is
scheduled on 08/07/24. He has been admitted to the
prison hospital block since the admission time onwards for
daily monitoring of vitals, urine output and close
observation. He is taking the regular medicines as advised
by Nephrology, Cardiology and Medical neurolgy
departments under supervision to prevent default and he is
also provided with extra nutritional diet. His treatment
advances will be informed the honourable court following
his scheduled reviews".
The (3rd) Respondent/undersigned has no statutory
powers to grant Parole to the prisoner to facilitate his
medical treatment in Private Hospital. However, the
undersigned will ensure timely medical treatment to the
prisoner at state expense in Regional Cancer Centre
Thiruvananthapuram and Government Medical College
Hospital, Thiruvananthapuram, where all high standards of
medical and surgical treatment facilities are available."
3. In the light of the aforesaid report, it is clear that all
possible treatment is being given to the petitioner.
WP(Crl) NO.346 of 2024
Therefore, this application seeking treatment from a
private hospital can not be allowed and hence the same
is dismissed.
Sd/-
C.S.SUDHA
JUDGE
sn
WP(Crl) NO.346 of 2024
APPENDIX OF WP(CRL.) 346/2024
PETITIONER'S EXHIBITS
Exhibit P1 THE JUDGMENT OF THIS HONOURABLE COURT IN
CRL.A.NO.992 OF 2013 DATED 10.07.2020
Exhibit P2 THE TRUE COPY OF THE ORDER PASSED BY THIS
HONOURABLE COURT IN CRL.MA 2764 OF 2017 IN
CRL. A 1165/2015 DATED 16.06.2017
Exhibit P3 THE TRUE COPY OF THE MEDICAL RECORDS OF
MUSTHAFA ISSUED FROM THE GOVERNMENT MEDICAL
COLLEGE , THRISSUR DATED 20.01.2024
Exhibit P4 THE TRUE COPY OF THE ORDER IN
CRL.M.APPL.NO.1/2024 IN CRL.A NO. 1340 OF
2018 DATED 02.02.2024
Exhibit P5 THE TRUE COPY OF THE REQUEST LETTER ADDRESSED
TO THE 1ST RESPONDENT DATED 23.02.2024
Exhibit P6 THE TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT DATED 28.02.2024 IN WP (CRL)
NO: 249 OF 2024
Exhibit P7 THE TRUE COPY OF THE LETTER BEARING NO: CP
5/42/6233/2024 ISSUED BY THE 3RD RESPONDENT
DATED 02.03.2024
Exhibit P8 THE TRUE COPY OF THE LETTER BEARING NO: WP2-
6605/2024/PRHQ DATED 05.03.2024 ISSUED BY THE
2ND RESPONDENT
Exhibit P9 THE TRUE COPY OF THE ORDER ISSUED BY THE 1ST
RESPONDENT DATED G.O (RT) NO. 809/2024/HOME
DATED 16.03.2024
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
