The Bombay High Court has ruled that individuals accused of crimes who also struggle with addiction to illicit liquor or drugs must be treated with compassion, and provided with psychiatric and rehabilitation support, rather than merely punitive action. This pronouncement came in the case of Pramod Wamanrao Dhule v The State of Maharashtra and Another, where the court was hearing a bail application of a former CRPF personnel. The accused stood charged with fatally assaulting his wife on grounds that she failed to provide him a meal quickly enough. It emerged during proceedings that the accused had a serious problem with alcohol, prompting the court to consider addiction as a factor in assessing both culpability and bail.
Justice Sanjay A. Deshmukh observed that under Section 2(1)(s) of the Mental Healthcare Act, 2017, addiction to liquor or prohibited drugs qualifies as mental illness. He held that when reports in a police FIR or charge sheet suggest an accused person is addicted, authorities—from police to courts—must direct a medical examination by a psychiatrist. Should that report confirm mental illness, the accused should be sent to a government rehabilitation centre and simultaneously offered psychological counselling, not merely released on bail without any intervention.
The court noted that medical examinations in such cases are frequently perfunctory, undertaken only as a formality. To address this, it directed that in any case where allegations imply addiction, courts and investigating authorities must ensure proper psychiatric evaluation and not treat addiction lightly. The court stressed that outpatient care alone is often inadequate, and that state-run rehabilitation facilities are necessary given that private options are costly.
Further, the court noted the societal harms that stem from untreated addiction. It detailed how addicts often commit crimes—such as domestic violence, assault, theft, or vehicular offences—under the influence of liquor or drugs, and how families, particularly women and children, suffer. The court urged recognition that many addicts are from economically weaker sections, often uneducated, and yet are harshly judged rather than treated with empathy and medical care.
In Dhule’s particular case, the court directed that he undergo psychiatric treatment and, if found mentally ill due to addiction, be sent to a rehabilitation facility until recovery. The court also asked the Maharashtra State Legal Services Authority to organize awareness programs through district and taluka Legal Services Authorities to shift public and institutional mindsets—promoting sympathy for addicted individuals and recognizing addiction as an illness, not a moral failing.
The court underscored that without proper treatment, simply granting bail may perpetuate risk, since untreated addicts are likely to perpetrate further offenses. Thus, compassionate treatment, mandated evaluations, and reformative rehabilitation are essential steps in criminal justice when addiction is involved.
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