AMANDEEP SINGH DHALL Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) The instant applications under Sec. 482 of the Code of Criminal Procedure, 1973, ('Cr.P.C.') have been filed on behalf of the applicant seeking extension of duration of medical examination and treatment of the applicant at Indian Spinal Injuries Centre, Vasant Kunj, Delhi in furtherance of order dtd. 16/10/2023 of this Court whereby it was directed that the applicant be admitted at Indian Spinal Injuries Centre, Vasant Kunj, Delhi for a duration of three weeks in ECIR/ HIU- II/14/2022 dtd. 22/8/2022.

(2.) Learned counsel for the applicant states that pursuant to order dtd. 16/10/2023 passed by this Court in the present case, the applicant was admitted at Indian Spinal Injuries Centre on 18/10/2023 with complaints of acute chronic neck pain and right upper limb radiculopathy. The applicant was evaluated by the concerned doctors and medical staff at Indian Spinal Injuries Centre and diagnosed as a case of C3-C4 Herniated Nucleus Pulposus (Annular Tear) + Right C6-C7 foraminal disk Osteophyte complex. It is stated that the applicant is being treated conservatively with neuropathic medication, physiotherapy (IFT, TENS, and Ultrasound therapy) along with supportive and symptomatic medication. It is submitted that with respect to the applicant's complaint of tinnitus in left ear and vertigo, the applicant has been prescribed to get an MRI Brain scan with DWI, which is yet to take place. In this regard, it is submitted that the applicant requires continued examination and treatment so that his ailments are accurately diagnosed and effective and adequate medical treatment is provided to him. It is argued that if the petitioner is discharged pre-maturely while his medical examination and treatment are ongoing, he may suffer intolerable and irreparable consequences. It is stated that the applicant was arrested in this case on 1/3/2023 and had remained in judicial custody since then, till 6/9/2023 wherein pursuant to order dtd. 4/9/2023 of this Court in the present petition, the applicant was directed to be admitted to AIIMS and to undergo medical tests and treatment and remain hospitalized till he is deemed reasonably and fully recovered from his medical ailments. It is stated that taking into account the medical condition of the applicant, the applicant was directed to be admitted to Institute of Liver and Biliary Sciences, Vasant Kunj for a period of two weeks by way of order dtd. 19/9/2023. It is stated that thereafter, on 22/9/2023, one Dr. Manish Tandon, Orthopaedics did a medical examination of the applicant for the severe cervical pain and it was prescribed by the doctor that in view of the severe compression, the applicant should be transferred to spinal unit for evaluation. It is stated that this Court, by way of its order dtd. 16/10/2023, had then allowed the applicant to be taken to Indian Spinal Injuries Centre. It is stated that the applicant is having severe cervical pain due to a bulge in disc C6 and C7 and was scheduled for right C6-C7 epidural alongwith nerve root block on 2/11/2023 for pain management, and the applicant was experiencing complete blackouts frequently. It is also stated that applicant was facing temporary loss of consciousness. It is submitted that that with respect to the applicant's complaint of tinnitus in left ear and vertigo, the applicant has been prescribed to get an MRI Brain scan with DWI, which is yet to take place. It is thus, prayed that the duration of medical examination and treatment of the applicant at Indian Spinal Injuries Centre be extended till such time the applicant is reasonably and fully recovered from his ailments.

(3.) Learned Special Counsel for the Directorate of Enforcement, vehemently opposes the application requesting extension of order dtd. 16/10/2023 of this Court, and states that the current medical condition of the applicant does not necessitates that his treatment be carried out at Indian Spinal Injuries Centre, Vasant Kunj, Delhi. In this regard, learned Special Counsel places his reliance on a medical report dtd. 6/11/2023 which has been issued by Associate Director, Department of Spine Services, Indian Spinal Injuries Centre, Vasant Kunj, Delhi verifying the current medical condition of the applicant and clarifying as to whether he requires treatment at Indian Spinal Injuries Centre, Vasant Kunj, Delhi or not, which states the medical condition of the applicant to be stable. It is stated that the medical report filed by the concerned official confirms that the medical history of the applicant is on the record of the hospital and currently the applicant is stable and does not require that his treatment be carried out in the hospital premises. Thus, in view of the same, it is argued that the application for extension of duration of medical examination and treatment of the applicant at Indian Spinal Injuries Centre, Vasant Kunj, Delhi be denied.