TAYYAB SALAR SHAIKH Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. Z.A. Choudhary, learned counsel for the petitioner who has produced a certificate issued by Dr. Tamajyoti Ghosh, Assistant Professor, Department of Neurosurgery, NEIGRIHMS as far as the present medical condition of the accused Shakil M. Sheikh/patient is concerned. It is also the submission of the learned counsel that it is the desire of the relatives of the said accused person/patient to have him treated at some other better facility apart from NEIGRIHMS where he is presently undergoing treatment. On this ground, the petitioner has accordingly made a prayer for grant of pre-arrest bail as far as the said accused person is concerned.

(2.) Mr. R. Gurung, learned GA, on the other hand has submitted that the case diary, copy of which is produced in Court today would reveal that the said accused person is involved in an alleged case of illegal trafficking of psychotropic substance wherein from the vehicle/tanker driven by the said accused person about 4135 nos. of 100 ml each, containing a percentage of codeine which is a banned substance have been seized by the police following which a case under Sec. 22(c) of the NDPS Act has been registered. The learned GA has further submitted that there is apparently a case of organized trafficking illegal psychotropic substance which is required to be investigated into, the accused/patient being one of the primary suspects. It is therefore, prayed that this Court may be pleased not to grant the prayer for pre arrest bail and to allow the I/O to question the said accused person. The learned GA has, however, not objected to the further treatment of the accused/patient but the condition should be that the accused/patient should be available for the said questioning or interrogation as and when required.

(3.) This Court on consideration of the prayer made, at this point of time, would not go into the details or merits of the case. Suffice it to say that the allegations found in the FIR are indeed serious. However, considering the circumstances involved wherein the accused/patient is undergoing intensive treatment at NEIGRIHMS for the last 115 days or so, his condition not being stable even till date, the prayer of the petitioner that the relatives desire the said patient to be treated elsewhere has to be considered. It is not to say that the prayer of the petitioner for grant of pre-arrest bail as regard the said accused/patient is concerned is considered herein. The relatives of the accused/patient are allowed to get him treated elsewhere outside the State of Meghalaya but the condition would be that the proper details have to be furnished to the I/O and also the periodic medical report preferably a fortnightly report is also to be submitted to the I/O.