The Bombay High Court has highlighted that instead of releasing accused persons addicted to liquor & drugs on bail without proper rehabilitation, it would be beneficial to treat them for their mental illness in the interest of the safety of society at large. The High Court has ordered that such accused persons be treated as per the provisions of the Mental Healthcare Act and also directed the Maharashtra State Legal Services Authority to arrange awareness programs.

The High Court was considering an application for the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a case registered under Sections 302, 304, 498(A), and 323 of the Indian Penal Code, 1860.

The Single Bench of Justice Sanjay A. Deshmukh held, “Considering all the above aspects, it is necessary to issue directions to all concerned authorities and all the courts of the District Judiciary in the State of Maharashtra to give effect to the provisions of the Mental Healthcare Act, 2017, in respect of such mentally ill accused for their continuous medical treatment until they fully recover. The police officer investigating the crime, the court seized of the matter, and the jail authorities having judicial custody of such persons addicted to liquor or drugs are directed to conduct a medical examination of such accused persons by a psychiatrist. If, based on the report, it is found that they are prima facie addicted to liquor or drugs and suffering from mental illness, appropriate treatment must be provided in a government rehabilitation center, along with counseling by a psychologist or trained counselor in this regard.”

Senior Advocate R. N. Dhorde represented the Applicant while APP R. S. Wani represented the Respondent.

Factual Background

The informant averred in the report that her elder daughter was married to the applicant and had begotten two children. The applicant was serving in the CRPF and, due to his misconduct, as he was addicted to liquor, he was terminated from his job. The informant’s daughter was suffering from a spleen ailment and the applicant allegedly frequently harassed her under the influence of liquor. One night he beat her delivering fists and kicks to the left side of her chest near the spleen and she succumbed to her injuries. She was allegedly beaten solely because she could not provide a meal to him as per his immediate demand. Their two children were eyewitnesses to the incident of beating.

Reasoning

Taking note of the allegation that he was addicted to liquor, which was the reason for the quarrel and the subsequent murder of his wife, the Bench said, “If a person is addicted to liquor or drugs, it creates an irresistible impulse to commit overt acts. An irresistible impulse means “an impulse produced by a mental disease affecting volition, as distinguished from perceptive powers, so that the person afflicted, while able to understand the nature and consequences of their actions, is unable, due to such mental disease, to resist the impulse to act.”

The Bench explained that if a person is addicted to hooch, i.e., illicit liquor, or prohibited drugs, it is considered a mental illness as defined under Section 2(1)(s) of the Mental Healthcare Act, 2017. The section states that it includes mental conditions associated with the abuse of alcohol and drugs. “Thus, prima facie, it appears that the applicant, Pramod, suffers from a mental illness due to his addiction to liquor, as defined under the said Act, where the abuse of alcohol or drugs is an essential ingredient requiring psychiatric treatment and psychological counseling for curing his illness”, it added.

The Bench further observed, “Press reports also reveal that hooch and prohibited drugs are illegally provided to our new generation by neighboring countries, constituting a “drugs war” against our country. The young generation is a victim of this, and they commit serious crimes under the influence of liquor and prohibited drugs. Therefore, as per the procedure outlined in the Mental Healthcare Act, 2017, police or investigating officers who arrest such persons and produce them for remand, police, magistrate custody, or trial, as well as jail authorities and trial courts, are expected to ensure a medical examination and treatment for such addicted persons. However, medical examinations of such arrested accused persons are often conducted routinely, merely to comply with formalities.”

The Bench was of the view that instead of releasing such persons on bail without proper treatment and rehabilitation, it would be beneficial to treat them for their mental illness in the interest of the safety of society at large. If this course is followed by all concerned, police, jail authorities, and courts, it will reduce the number of crimes, and society will be relieved from the legal mischief of such persons, fulfilling the objective of the reformative theory of punishment as per criminology and penology. "In all such type of cases the remand and trial courts are expected to review the report (FIR) or charge sheet and, if it is prima facie found that such persons are addicted, direct their medical examination through a psychiatrist and call for medical reports to ensure compliance by the police and jail authorities for their treatment. Outpatient treatment shall not serve the purpose. Further, private rehabilitative treatment is costly. Hence, a government rehabilitation center is the proper course of treatment", it noted.

The Bench thus directed the Nanded District Jail Authority to send the applicant for a medical examination and report to a psychiatrist at the concerned Civil Hospital. “If he is found to be mentally ill due to addiction to liquor, directions shall be given that the applicant must be treated in a rehabilitation center until he fully recovers from mental illness in accordance with the procedure laid down in the Mental Healthcare Act, 2017. For this purpose, the jail authorities of Nanded shall take the applicant to the Civil Hospital at Nanded for a medical examination by a psychiatrist to determine whether he is addicted to liquor and suffering from mental illness and the mode of treatment”, it ordered.

The Bench further directed the Registrar General of the High Court to send copies of this order with directions to ensure compliance. The Bench also asked the concerned officials of all departments and authorities not to wait for directions from their higher authorities and act upon this order and treat such accused persons who are addicted to liquor and drugs as per the procedure laid down in Mental Healthcare Act, 2017.

“The Secretary, Maharashtra State Legal Services Authority (MSLSA), is directed to arrange awareness programs on drug and liquor addiction rehabilitation pathways through all District Legal Services Authorities (DLSAs) and Taluka Legal Services Authorities (TLSAs) so that there will be a change in the mindset of society, particularly the general public and law enforcers, that instead of hating such addicted persons, they shall be treated with sympathy and empathy, like other illnesses”, it concluded.

Cause Title: Pramod Wamanrao Dhule v. The State of Maharashtra (Neutral Citation: 2025:BHC-AUG:27564)

Appearance

Applicant: Senior Advocate R. N. Dhorde, Advocate V. R. Dhorde

Respondent: APP R. S. Wani

Click here to read/download Order


Bombay High CourtJustice Sanjay A. Deshmukh

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.