GOVINDBHAI MAVJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr. Maulik G. Nanavati, learned Additional Public prosecutor, waives service of notice of Rule on behalf of the respondent. In the facts and circumstances of the case and with the consent of the learned counsel for the respective parties, the application is being finally decided today.

(2.) THIS is an application for bail filed under Section 439 of the code of Criminal Procedure, in connection with FIR being CR. No. I-12/ 2009, registered with Modasa Town Police Station, for offences punishable under Sections 269, 278, 304 and 114, of the Indian Penal Code.

(3.) FOR the sake of clarity, it will be helpful to give a brief background of the prosecution case. The applicant Dr. Govindbhai mavjibhai Patel, has a private practice in the town of Modasa, District: sabarkantha, Gujarat. In February 2009,. the disease of Hepatitis-B spread in certain Districts of northern Gujarat, including the town of modasa. As per the prosecution case, about 93 persons succumbed to the said disease in the District of Sabarkantha. A survey was conducted by the Government Health Department officials of District Sabarkantha and it was found that out of the 93 persons stated to have died from the disease, 52 patients, at some point of time or the other, had taken treatment at the clinic of Dr. Govindbhai Patel. The officials of the Health department of District Sabarkantha, therefore, raided the clinic of dr. Govindbhai Patel, on 14. 02. 2009. It was found, upon inspection, that there were three plastic dust-bins in the consulting room. In one of the dust-bins, which was lined with a blue plastic bag, there were 45 used syringes and the same quantity of needles, out of which 3 needles were uncapped. In the second dust-bin lined with a yellow plastic bag, a used pair of gloves was found and in the third dust-bin a few multi dose vials of medicine were found. It was further found by the raiding party that in the consulting room, neither a needle-cutter was available nor was there any disinfectant solution for disinfecting needles. The raiding party also found that the certificate from the Gujarat Pollution Control board had expired. Upon inquiry from the compounder, the raiding party was informed that apart from the applicant, his son, who is holding an mbbs degree also used to administer injections to the patients. On the basis of the panchnama drawn up by the raiding party and the Rojkam (report of proceedings) prepared by them on. 14. 02. 2009, a complaint was registered against the applicant and his son by Dr. Arunsinh Kishoresinh bhati, District Surveillance Officer, Department of Health, District panchayat, Sabarkantha, on 21. 02. 2009. The complaint essentially contains a detailed reference to the material mentioned in the Rojkam dated 14. 02. 2009 by the raiding party. Apart from that, it is stated that the investigation has revealed that the accused persons had not maintained the required standard of medical hygiene and waste disposal, and have acted in a grossly negligent manner which has led to the spread of infection of Hepatitis-B among other patients, thereby endangering their lives. The complainant has stated the names of several patients who had taken treatment at the clinic of Dr. Govindbhai Patel and had been administered injections at that clinic, and it is also stated that investigation was still going on, at that stage. The crux of the case of the prosecution, therefore, is that the accused persons, including the present applicant, are involved in the commission of the above-mentioned offences, as they have acted in a highly negligent manner, by not maintaining the required standards of hygiene and waste disposal, and due to such acts many patients who have taken treatment at the clinic of the accused, have succumbed to the disease of Hepatitis-B. It is further the case of the prosecution that even though the accused persons, including the applicant, had knowledge that they are required to maintain high standards of medical hygiene, they have not done so. As their actions are grossly and criminally negligent, the accused persons are involved in the commission of the offences alleged against them.