STATE OF GUJARAT Vs. KANAIYALAL MANILAL

JUDGEMENT

(1.) . This group of Criminal Revision Applications has been directed against the order dated 22-4-1996 passed by the learned Additional Sessions Judge, Court No. 12, Ahmedabad.

(2.) . The learned Metropolitan Magistrate, Ahmedabad, in exercise of powers under S.20 of the Mental Health Act, 1987 (hereinafter referred to as "the Act, 1987"), while passing the order of reception to Mental Hospital, Ahmedabad of Mentally ill persons in Lunatic Case Nos. 19 of 1995, 29 of 1995, 4 of 1995 and 18 of 1994, directed the applicants to deposit the amount of maintenance at the rate of Rs. 350.00, Rs. 400.00, Rs. 300.00, Rs. 400.00 per month respectively in each case. It may be stated that the provisions of the Act were invoked by the learned Magistrate on recording the evidence of the concerned applicants and the witnesses. It appears that the order of giving directions to make the payment personally were challenged by the individual applicants by way of filing Revision before the Sessions Judge, Ahmedabad. The learned Additional Sessions Judge, by his order dated 22-4-1996, relying on a resolution of the State Government dated 21st July 1984, directed that, as the applicants have a very meagre source of income and they are not in a position to deposit the amount, the expenses shall be born by the State Government.

(3.) . The State has challenged the said order of the learned Additional Sessions Judge by way of filing this group of Revision Applications. Instead of issuing the notices to the individual non-applicants, I requested Mr. M. M. Tirmizi, learned Advocate to assist the Court as an Amicus Curiae.