Tshering Ganjay Lachungpa vs State Of Sikkim

Bhaskar Raj Pradhan, J

Record of proceedings through Video Conferencing

The disposed application for bail by one Tshering Ganjay Lachungpa (petitioner) under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.)

read with Section 37 of the Sikkim Anti Drugs Act, 2006 was considered by this Court and rejected vide order dated 11.11.2020. While doing so in

view of the submission made by the petitioner therein that he is in need of rehabilitation the State respondent was directed to have the petitioner

assessed by a psychiatric and the State Medical Board for appropriate recommendations.

I.A. No. 01 of 2021 has been filed by the State respondent stating that pursuant to the direction issued by this court the petitioner was examined and

found to have mild opioid dependence.

The Head of Department (HOD)-cum-Chief Consultant of the Department of Psychiatric, STNM Hospital in his report dated 03.12.2020 has advised

that the petitioner needs rehabilitation and detoxification in a rehabilitation centre.

The State respondent has accordingly filed the report of the petitioner in the present application for appropriate orders. The medical expert having

found that the petitioner is in need of rehabilitation and detoxification in a rehabilitation centre there is no reason why the petitioner should not received

immediate treatment.

In the circumstances, the State respondent is directed to take all necessary steps to ensure his rehabilitation in the rehabilitation centre immediately.

While doing so, as his bail has been rejected necessary steps for his secure custody at the rehabilitation centre may also be adequately made as per

law.

I.A. No. 01 of 2021 stands disposed.