JUDGMENT 1. - Heard learned counsel for the petitioner as well as learned Public Prosecutor for the State. 2. Learned counsel for the petitioner submits that as evidenced from the proceedings of trial Court, accused-petitioner is presently undergoing treatment at the mental hospital, Jaipur and his power of speech has been adversely affected and so he is unable to give statement under section 313 Cr.P.C, before the trial Court and, accordingly trial Court is also unable to examine the accused-petitioner in his defence to proceed further. This state of the accused is likely to take long time and, accordingly, it is in the interest of justice as also on humanitarian ground, accused-petitioner may be granted bail. 3. However, learned Public Prosecutor opposes this petition. 4. I have given my considered thought to the rival submissions stated above. It is undeniable that the accused-petitioner is presently undergoing mental treatment at Jaipur. There is no evidence that he is permanently disabled or is incapable of defending himself and it is not a temporary phase. In view of these circumstances, this petition is dismissed. 5. However, attention of the learned trial Judge is drawn towards the provisions of Chapter XXV Cr.P.C. specially the provisions as are laid down under sections 328 & 329 Cr.P.C. with a view to try the fact of unsoundness and incapability of mind, if any, of accused- petitioner in making his defence after obtaining a complete report of the Medical Board to be constituted to examine the mental condition of the accused-petitioner. In case the conditions as are laid down under section 328 or 329 Cr.P.C. are established, learned trial Judge shall be at liberty to pass the appropriate order under section 330 Cr.P.C. and consequent thereto. Let copy of this order be sent to the learned Special Judge, NDPS Cases, Chittorgarh for information and necessary action.Bail petition dismissed. *******