Evidence of an Expert Necessary

G S Dhillon vs. State (NCT of Delhi)

Filed under: Sections 439, Section 330 r/w Section 482 of the Criminal Procedure Code, 1973 Section 3, 5 and 9 of the Official Secrets Act
Petitioner: GS Dhillon
Respondent: State (NCT of Delhi)
Citation: 98 (2002) DLT 341
Court: In the High Court of Delhi
Judge: S.K. Agarwal

Facts

The petitioner Gurudev Singh Dhillon, a travel agent, was detained while he was going to the family quarters of the Pakistan High Commission, New Delhi. Documents containing sensitive and secret information relating to defence matters of the country were recovered from him. He was arrested and a challan was filed.

When the trial was pending he was granted interim bail for five months on the grounds of ill health. He made an application asking for extension of the bail and got an extension of another six months again on the grounds of illness. Later, he applied again for extension, which was rejected and was directed to surrender and the Superintendent of Tihar Jail was directed to provide him with medical treatment at the All India Institute of Medical Sciences (AIIMS).

He did not surrender but filed a petition in the Supreme Court, which was also dismissed. Thereafter, he filed for regular bail before the Trial Court which was also dismissed. Without surrendering he filed a petition requesting for directions to the Trial Court for permission to appear before the Court through a lawyer since he was sick. He finally surrendered and filed for regular bail.

Arguments on behalf of G.S. Dhillon:

It was argued that Gurudev had undergone substantial sentence from the time of his arrest. He was sick and willing to abide by any condition and therefore should be granted bail.

Arguments on behalf of the State:

On the other hand, on behalf of the State it was argued to the contrary.

Since the bail was sought on medical grounds, the Superintendent of the Central Jail was asked to send Gurudev's medical report. His medical report showed that his health was improving and his condition was satisfactory and he was receiving adequate medical treatment.

Observations of the Court

The Court observed that G.S. Dhillon has enjoyed interim bail for one year and when further extension was refused he did not surrender and made excuses, continued to abscond and finally surrendered after six months.

The Trial Court had postponed the trial on grounds of mental illness but refused to grant him bail in view of the seriousness of the allegations made against him. The Court also found that the trial court had postponed the trial only on the basis of the medical report without the evidence of a medical expert and that was not permissible by law.

Looking at the nature of the allegations, the gravity of the offence and his conduct the Court found that there was no ground for grant of bail and dismissed the petition. The Trial Court was directed to get him examined if necessary and to continue with the trial if he was found of a sound mind and capable of making his defence.

Held: Petition dismissed

Sections Referred:

  • Sections 439, 330, 482 of the Criminal Procedure Code
  • Sections 3, 5, 9 of the Official Secrets Act