Supreme Court grants interim bail to an accused under NDPS Act on the ground of medical condition
The Supreme Court granted interim bail to an accused under the NDPS Act, 1985 charged with offences under Ss. 8/20 and 8/29 of the NDPS Act, 1985 on the ground of medical condition. The accused was alleged to be transporting an impermissible quantity of cannabis under the Act.
The Supreme Court recently granted interim bail to an accused under the NDPS Act, 1985, keeping in view the medical treatment required by the petitioner.
It was contended that the High Court of Rajasthan rejected the second bail application of the petitioner vide order dated 20.03.2023, without specifying any reasons or considering the distinguished facts of the present case.
A Division Bench of Justice AS Bopanna and Justice MM Sundresh, while granting interim bail to the petitioner, observed, “… keeping in view the nature of illness we deem it appropriate that the petitioner avail his remedy for appropriate treatment as per his requirement… we deem it proper to release him on interim bail for a period of six weeks, subject to appropriate conditions being imposed by the trial court for which purpose the petitioner shall be produced before the trial court forthwith.”
The petitioner was arrested upon the statements of a co-accused, Salim. Neither was he found in possession of the psychotropic substance at the time of arrest, nor was he responsible for its transport from one place to another, the petitioner submitted.
Brief Background
On 29.06.2018, the NCB Jodhpur region was intimated that two persons namely, Javed and Salim, were illegally transporting about 100-200 kgs of cannabis from the State of Jharkhand, in a truck.
Consequently, the petitioner was arrested with the other co-accused under Ss. 8/29 of the NDPS Act.
Through an order dated 13.12.2021, passed by the Special Judge, the petitioner was charged under Ss. 8/20 and 8/29 of the NDPS Act.
On 20.12.2022, Superintendent Central Jail intimated Special Judge, NDPS Cases, regarding the health condition of the petitioner. As per the medical records, petitioner was suffering from a spinal disorder and was suggested to undergo operation/treatment.
The High Court while rejecting the application by the petitioner, apart from submissions, only recorded, “No ground is made out to grant interim bail to the petitioner. The interim bail application (I.A. No.1/2023) is dismissed.”
Advocate Namit Saxena appeared for the accused.
Case Title: Sanjay v. Union of India | SLP (Crl.) No. 4862 of 2023