Accused, diagnosed with schizophrenia, ‘incapable of making his own defence’.
Mahesh Walia*, 38, heard alien voices, spoke to himself and thought people were out to kill him. This condition, diagnosed as schizophrenia, has earned him bail in a narcotics case.
A special narcotics court concluded recently that Walia was suffering from schizophrenia and granted him bail, stating he was “incapable of making his defence”. On March 15, the court handed over his custody to his brother on the condition that he would “provide warm, affectionate and familiar environment”.
A few weeks ago, the Bombay high court had directed a firm to reinstate a schizophrenic employee 10 years after he was thrown out of his job.
Walia was arrested by the Narcotics Control Bureau (NCB) on August 13, 2009, after a co-accused, found in possession of over a kilo of oxycodone, a prohibited psychotropic drug, told officials that the contraband was intended to be handed over to Walia. The Arthur Road jail had, at the time, referred him to the psychiatric ward of JJ Hospital which said he was of unsound mind.
In November last, the court granted him temporary bail on the ground that the NCB had still not received the report from Central Forensic Science Laboratory (CSFL) proving that the material seized from the accused was oxycodone. After the report arrived in December 2009, NCB applied for cancellation of Walia’s bail. He was taken in custody and asked to surrender before the court.
On December 24, Walia moved an application seeking more time to surrender stating he “suffers from unsoundness of mind” and also needed to be operated for hernia.
When Walia finally surrendered on March 5, the court interviewed him and decided to send him to Thane Mental Hospital for examination.
Dr Sanjay Kumavat, the medical superintendent of Thane Mental Hospital, deposed before the court that Walia was “suspicious by nature, engaged in self-referential thinking, heard foreign voices, felt people were plotting to kill him and had disturbed sleep”. He said Walia had symptoms of schizophrenia for over two years; he was being treated at a private clinic for over a year.
Walia, he said, had suicidal tendencies and needed to be on maintenance therapy in a secure home environment. But since he was not violent, there was no need for him to be admitted in hospital, said Kumavat. He also said Walia couldn’t answer why he was arrested by the police because of his mental condition.
The court ordered that Walia’s brother should provide him regular treatment and report on his condition before the court at the beginning of every month. Walia’s brother executed a cash bail of Rs20,000.
NCB counsel Rati Amrolia said: “In his first bail application, he didn’t mention that he suffered from unsound mind. It’s only in the second bail application that they brought up this issue.” NCB has still not decided on appealing in the Bombay high court.
* Name changed
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