USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1486 OF 2009 Haseeb Zubair Mulla .. Petitioner v/s. The State of Maharashtra & Ors. .. Respondents ........ None for petitioner. Smt. V.R. Bhosale, APP for State. ........ CORAM : B.H. MARLAPALLE & R.Y.GANOO, JJ. Dated : 10th November, 2009 P.C. : 1. This is a petition received from the Central Prison at Thane. The petitioner is an under trial prisoner and he is an accused in POTA Special Case No.2 of 2003. He had approached the Special Court under the POTA Act and filed an application at Exh.18 for seeking directions to provide him medical treatment in private hospitals i.e. at Dr. Dhage Hospital, Bhiwandi, Dr. Tamne Hospital or Kurla Nursing Home at his expenses. The said application was allowed on 23rd April, 2009. 2. It appears that the present petition was forwarded through Jail on 2nd May, 2009 and prayed for direction to the Superintendent, Central Jail, Thane to provide immediate private treatment as ordered by the Special Judge vide his order dated 23rd April, 2009. 3. Shri. Shivaji Jadhav, Jailor Group-II presently attached to the Central Prison, Thane has filed affidavit in reply and the case papers of V.S. General Hospital, Thane have also been annexed to the same. It has been stated that the petitioner was examined by the ENT surgeon and was diagnosed as Chromic Pharyngitis with post nasal discharged The Dental surgeon has diagnosed the petitioner as suffering from Neuralgic pain and he was treated for the same. He was referred to the J.J. Hospital on 5.5.2009 and 6.5.2009. He was also taken to the J.J. Hospital on 1.7.2009 for complaints of Right Jaw pain on 16.9.2009. The petitioner was examined by Dr. R.M. Dhotre, Chief Medical Officer, Central Prison, Thane. He was again referred to the Civil Hospital, Thane for examination on 18.9.2009 and both the reports have been annexed to the affidavit in reply. As per the ENT surgeon, Civil Hospital, Thane, the general condition as at present is fair and stable. 4. We also noted from the record that the order dated 24.4.2008 has been subsequently suspended by the very same Court on 28.4.2008. 5. We are, therefore, satisfied that no case has been made out to issue the directions as prayed. Hence, the petition is rejected. This order be communicated to the petitioner in the concerned jail. [R.Y.GANOO, J.] [B.H. MARLAPALLE, J.]