High Court
Legal Reasoning
BA NO.740 OF 2025.odtIN THE HIGH COURT OF JUDICATURE OF BOMBAYBENCH AT AURANGABADBAIL APPLICATION NO.740 OF 2025PRAMOD WAMANRAO DHULEVERSUSTHE STATE OF MAHARASHTRA AND ANOTHER....Senior Advocate Mr. R. N. Dhorde i/by Mr. V. R. Dhorde, advocate forthe applicantMr. R. S. Wani, APP for Respondents/State.…CORAM: SANJAY A. DESHMUKH, J.DATE:25.09.2025PER COURT :- 1.This is an application for grant of regular bail under Section483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connectionwith Crime No.216 of 2024, registered at Bhagya Nagar Police Station,District Nanded, for the offences punishable under Sections 302, 304,498(A), and 323 of the Indian Penal Code, 1860.2.The informant averred in the report that her elder daughter,Kranti, was married to the applicant and had begotten two children. Theapplicant was serving in the CRPF and, due to his misconduct, as he wasaddicted to liquor, he was terminated from his job. The informant’sdaughter, Kranti, was suffering from a spleen ailment. The applicantfrequently harassed her under the influence of liquor. On the night of 1 of 10 (( 2 ))BA NO.740 OF 202507.05.2024, the applicant beat the informant’s daughter, Kranti, deliveringfists and kicks to the left side of her chest near the spleen in the presence oftheir children. She suffered a lot, was admitted to the hospital, andsuccumbed to her injuries on 10.05.2024. She was beaten solely because shecould not provide a meal to him as per his immediate demand. Their twochildren were eyewitnesses to the incident of beating.3.Heard learned advocate for the applicant and the learned APP forthe State.4.When this Court expressed disinclination to allow theapplication, upon instructions, the learned advocate for the applicant soughtleave to withdraw the application. 5.The allegation against the applicant in the report is that he isaddicted to liquor, which is the reason for the quarrel and the subsequentmurder of his wife, Kranti. If a person is addicted to liquor or drugs, itcreates an irresistible impulse to commit overt acts. An irresistible impulsemeans “an impulse produced by a mental disease affecting volition, asdistinguished from perceptive powers, so that the person afflicted, whileable to understand the nature and consequences of their actions, is unable,due to such mental disease, to resist the impulse to act.” 2 of 10 (( 3 ))BA NO.740 OF 20256. In the case of State v. Plummer, 117 N.H. 320, 374 A.2d 431(1977), it was observed that “if it produced a state of insanity, including anirresistible impulse rendering the defendant unable to control their actions,a broad insanity test incorporating volitional incapacity distinguishes short-term voluntary intoxication (no defense) from long-term addiction effectsmimicking a mental defect.”7.If a person is addicted to hooch, i.e., illicit liquor, or prohibiteddrugs, it is considered a mental illness as defined under Section 2(1)(s) ofthe Mental Healthcare Act, 2017, which states that it includes mentalconditions associated with the abuse of alcohol and drugs. Thus, primafacie, it appears that the applicant, Pramod, suffers from a mental illness dueto his addiction to liquor, as defined under the said Act, where the abuse ofalcohol or drugs is an essential ingredient requiring psychiatric treatmentand psychological counseling for curing his illness. The World HealthOrganization (WHO) also opines that persons addicted to prohibited liquoror drugs are mentally ill. Due to such illness, an irresistible impulse iscreated in the minds of such individuals, causing them to become violentand commit crimes, generally assault, for money, resulting in serious injuryor death to innocents. 3 of 10 (( 4 ))BA NO.740 OF 20258.Press reports often reveal that illicit hooch and drugs are easilyavailable and illegally sold despite being prohibited under the MaharashtraProhibition Act, 1949, the Maharashtra Prevention of Dangerous Activitiesof Slumlords, Bootleggers, Drug Offenders, Dangerous Persons and VideoPirates Act, 1981, and the Narcotic Drugs and Psychotropic Substances Act,1985. Illicit hooch and drugs are sold illegally by bootleggers and peddlersto young individuals, which often leads to intoxication and an increasedpropensity to commit criminal and civil mischief. Such addicts often harasstheir family members, friends, and others, demanding money to satisfy theirvices. They frequently assault and beat their spouses, children, parents, andother family members or friends. When arrested for crimes, they are foundassaulting police and jail staff while being handled. They create constantfear in society. Children and women commonly suffer from their seriousovert acts. They also cause vehicular accidents by rash and negligent drivingunder the influence of liquor and drugs. They are found committingoffences like murder, rape, outraging the modesty of women, extortion,robbery, theft, etc., to satisfy their desires and often under the influence ofalcohol or drugs, to obtain money needed to purchase these substances.Though they suffer from mental illness, they are often harshly condemneddue to a lack of awareness about mental illness instead of being consideredsympathetically, as other illnesses are treated. Such mentally ill persons are 4 of 10 (( 5 ))BA NO.740 OF 2025often not treated by a psychiatrist for their addiction to liquor and drugs.Most of these persons are uneducated, poor, and belong to the lowereconomic strata of society. Because of their irrational or arrogant behaviordue to the effect of mental illness, they do not respond to requests fromfamily members and others for de-addiction treatment, claiming that theyare not mentally ill and will not drink liquor or consume drugs henceforth.Often, family members find it challenging to seek treatment for their lovedones' mental illness. Due to their mental illness, these individuals may causeharassment, and as a result, they are sometimes assaulted or killed by familymembers in a fit of anger, leading to serious criminal charges. Thus, suchmental illness results in multiple criminal litigations.9.Press reports also reveal that hooch and prohibited drugs areillegally provided to our new generation by neighboring countries,constituting a “drugs war” against our country. The young generation is avictim of this, and they commit serious crimes under the influence of liquorand prohibited drugs. Therefore, as per the procedure outlined in the MentalHealthcare Act, 2017, police or investigating officers who arrest suchpersons and produce them for remand, police, magistrate custody, or trial, aswell as jail authorities and trial courts, are expected to ensure a medicalexamination and treatment for such addicted persons. However, medicalexaminations of such arrested accused persons are often conducted 5 of 10 (( 6 ))BA NO.740 OF 2025routinely, merely to comply with formalities. When allegations in a reportlodged or a charge sheet filed against such an accused indicate that they areprima facie addicted to liquor or drugs, the police, court, or jail authoritiesmust direct a medical examination through a psychiatrist for their addictionto liquor or drugs and, If found mentally ill as defined under Section 2(1)(s)of the Mental Healthcare Act, 2017, they shall be directed to a rehabilitationcenter for treatment based on the psychiatrist’s report. The help of acounselor or psychologist to change their mindset must be simultaneouslytaken.10.If such mentally ill persons are released on bail, they continuetheir illegal acts. Also, it is dangerous to release such persons on bail as theypose a constant threat due to their propensity to commit crimes againstsociety, particularly against their family members, i.e., wives, mothers,children, etc., who are the weaker sections of society and are unable toconfront them. There is a strong legal and factual grounds for not releasingthem on bail, as they are likely to commit crimes in the future, due to theirmental illness, as provided under Sections 480 rw 483 of the BharatiyaNagarik Suraksha Sanhita, 2023 (BNSS), and the law laid down by theHon’ble Supreme Court and various High Courts in judicialpronouncements. Therefore, instead of releasing such persons on bailwithout proper treatment and rehabilitation, it would be beneficial to treat 6 of 10 (( 7 ))BA NO.740 OF 2025them for their mental illness in the interest of the safety of society at large.If this course is followed by all concerned, police, jail authorities, andcourts, it will reduce the number of crimes, and society will be relievedfrom the legal mischief of such persons, fulfilling the objective of thereformative theory of punishment as per criminology and penology.11.Considering all the above aspects, this Court directs the NandedDistrict Jail Authority to send the applicant for a medical examination andreport to a psychiatrist at the concerned Civil Hospital. If he is found to bementally ill due to addiction to liquor, directions shall be given that theapplicant must be treated in a rehabilitation center until he fully recoversfrom mental illness in accordance with the procedure laid down in theMental Healthcare Act, 2017. For this purpose, the jail authorities ofNanded shall take the applicant to the Civil Hospital at Nanded for amedical examination by a psychiatrist to determine whether he is addictedto liquor and suffering from mental illness and the mode of treatment. If thepsychiatrist’s opinion is affirmative, a report on the requirement of futuretreatment to be provided to the applicant shall be submitted to the courtseized with his case. The District Superintendent of Police, Nanded, shallprovide an escort for treatment until he is fully recovered.12. The law is an instrument of social change. The Hon’ble Supreme 7 of 10 (( 8 ))BA NO.740 OF 2025Court, in the case of Sundarjas Kanyalal Bhathija & Ors. v. The Collector,Thane, Maharashtra & Ors., reported in A.I.R. 1991 SC 1893, has guidedthat, “It is the duty of superior courts and tribunals to make the lawpredictable and effective as a guide to behavior. The law must bedetermined with reasons that carry conviction within courts, the legalprofession, and the public to avoid confusion among lawyers and trialcourts.”13. In all such type of cases the remand and trial courts are expectedto review the report (FIR) or charge sheet and, if it is prima facie found thatsuch persons are addicted, direct their medical examination through apsychiatrist and call for medical reports to ensure compliance by the policeand jail authorities for their treatment. Outpatient treatment shall notserve the purpose. Further, private rehabilitative treatment is costly.Hence, a government rehabilitation center is the proper course oftreatment.14.Considering all the above aspects, it is necessary to issuedirections to all concerned authorities and all the courts of the DistrictJudiciary in the State of Maharashtra to give effect to the provisions of theMental Healthcare Act, 2017, in respect of such mentally ill accused fortheir continuous medical treatment until they fully recover. The police 8 of 10 (( 9 ))BA NO.740 OF 2025officer investigating the crime, the court seized of the matter, and the jailauthorities having judicial custody of such persons addicted to liquor ordrugs are directed to conduct a medical examination of such accusedpersons by a psychiatrist. If, based on the report, it is found that they areprima facie addicted to liquor or drugs and suffering from mental illness,appropriate treatment must be provided in a government rehabilitationcenter, along with counseling by a psychologist or trained counselor in thisregard.15.The learned Registrar General of the High Court of Bombay isdirected to send copies of this order with directions to ensure compliance toall courts of the District Judiciary, the Directorate General of Police,Maharashtra, the Additional Secretary of the Home Department, State ofMaharashtra, and the Additional Secretary of the Public Health Department,State of Maharashtra, for compliance with the above directions through theiroffices. They are directed to issue instructions to their officials to examinesuch persons through a psychiatrist as per the Mental Healthcare Act, 2017,and provide medical treatment in a government rehabilitation center untilsuch mentally ill persons are fully recovered from their mental illness. Theconcerned officials of all departments and authorities shall not wait fordirections from their higher authorities and shall act upon this order andtreat such accused persons who are addicted to liquor and drugs as per the 9 of 10
Decision
(( 10 ))BA NO.740 OF 2025procedure laid down in Mental Healthcare Act, 2017.16. The Secretary, Maharashtra State Legal Services Authority(MSLSA), is directed to arrange awareness programs on drug and liquoraddiction rehabilitation pathways through all District Legal ServicesAuthorities (DLSAs) and Taluka Legal Services Authorities (TLSAs) so thatthere will be a change in the mindset of society, particularly the generalpublic and law enforcers, that instead of hating such addicted persons, theyshall be treated with sympathy and empathy, like other illnesses.17.The concerned to act upon the authenticated copy of this order.18.The Registrar Judicial of this Court is directed to send the copyof this Judgment to Registrar general, all the Commissioners of Police/Superintendent of Police all jail superintendent and all superintendent ofGovernment and civil hospital in each district of the State of Maharashtra. 19. Leave to withdraw the application is granted. The application isdisposed of with above directions. [ SANJAY A. DESHMUKH, J. ] HRJadhav 10 of 10