JAYALAKSHMI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Writ Petition has been filed by the wife of one Murugesan, who was allegedly taken into custody on 23.8.1994 for the offence under Section 20(b) of N.D.P.S.Act.

(2.) Though it is complained that the said accused was arrested on 15.8.1994 and was remanded before the Judicial Magistrate only on 23.8.1994, no document to support the said contention is filed. Hence, the question of consideration of the date of arrest as 15.8.1994 does not arise.

(3.) However, the grievance of the petitioner is that after the arrest, the petitioner's husband complained of severe stomach pain and he was not treated as mandated by the Apex Court in the judgment reported in SHRI D.K. BASU VS STATE OF WEST BENGAL (1996(4) Crimes 233(SC) by producing the accused for medical treatment every 48 hours. Since the accused was not given proper treatment, he became unconscious on 27.10.1994 and he was taken to Government Headquarters Hospital, Dharmapuri where admission was refused on the ground that the condition of the accused was so serious and he should be given treatment only in the Governmment Mohan Kumaramangalam Medical College Hospital, Salem. The further grievance of the petitioner is that her husband was denied treatment at Government Headquarters Hospital, Dharmapuri in the morning at 9.00 a.m., no immediate steps were taken to take her husband to the Government Mohan Kumaramangalam Medical College Hospital, Salem for treatment and ultimately, with a delay of more than eight hours, he was taken to Salem Hospital and was admitted at 6.00 p.m. on the same day by the time his condition became still worse and therefore he died at 11.00 a.m. on 28.10.1994. This serious lapse and failure to comply with the directions issued by the Apex Court in the judgment cited supra, and the failure of arrest to the petitioner immediately has resulted in the death of the husband of the petitioner and for which, the petitioner should be adequately compensated.