h475 S.No.148 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Bhopinder Singh …Petitioner(s) Through:-Mr. Jagpaul Singh, Advocate V/s Union Territory of J&K ...Respondent(s) Through:-None Coram: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 25.04.2025 1. The petitioner has filed the instant bail application seeking bail in case arising out of FIR No.09/2020 for offences under Sections 8/21/22/25/29 NDPS Act registered with Police Station, Ghagwal, which is stated to be pending before the learned Additional Sessions Judge, Samba. 2. The petitioner has sought bail on medical grounds. It seems that the petitioner had approached the trial Court for grant of bail on medical grounds but in terms of order dated 13.02.2025 passed by the trial Court, his prayer has been declined on the ground that huge commercial quantity of narcotic drugs stands recovered from the possession of the petitioner and that there was nothing on record that could persuade the said Court to form an opinion that the petitioner is not being treated well by the jail authorities. 3. When the petition was presented before this Court, an order came to be passed on 04.04.2025, whereby the Superintendent, Central Jail, Bail App No.94/2025 2 Kot Bhalwal was directed to file a detailed status report regarding the present health condition of the petitioner alongwith his complete medical record. 4. Pursuant to the aforesaid order, latest medical status report of the petitioner has been filed by the Senior Superintendent, Central Jail, Kot Bhalwal, Jammu vide his communication dated 12.04.2025. 5. I have heard learned counsel for the petitioner and perused the material on record. 6. As per the report of the Jail authorities, the petitioner was admitted to the said jail in February, 2021 and he was treated in OPD of the Jail Hospital for his complaints of respiratory tract infections, as being a chronic smoker. It has been reported that the jail doctors prescribed medicines to him and even the visiting Physicians treated him for his ailments. However, on 02.01.2025, the petitioner was referred to GMCH, Jammu for further management and treatment where he got admitted and underwent various investigations. It has been finally opined that the condition of the petitioner is not stable. The relevant extracts of the medical report are reproduced as under:- “However, on 01-01-25, he was referred to GMCH Jammu for further management and treatment, where he got admitted and underwent various investigations, where he was diagnosed as a case of pulmonary tuberculosis and at the same time he was shifted to CD Hospital, Jammu for further treatment, where his ATT has been started. It is further submitted that he has developed discharging sinus in the chest from where continuous oozing of pus was noticed and even after taking ATT and lot of Antibiotic medicines, his condition was deteriorating continuously. Then he 3 was planned for Decortication and has been shifted to CTVS at SSH Jammu, where his procedure was done. At present he is still admitted in the CTVS at SSG Jammu and all his medical record is lying there, but as per the information available, his condition is stated to be not so stable.” 7. From a perusal of the medical status report submitted by the Medical Officer, Central Jail, Kot Bhalwal, Jammu, it is clear that the petitioner has been diagnosed as a case of pulmonary tuberculosis. It also appears that the petitioner has developed discharging sinus in the chest from where continuous oozing of pus was noticed. It appears that despite administering antibiotic medicines, condition of the petitioner is deteriorating continuously. The medical report further reveals that the petitioner has underwent a procedure and is still admitted in Super Specialty Hospital, Jammu. It has been submitted that, as per the information available, condition of the petitioner is not stable. 8. From the aforesaid medical report of the petitioner, it is clear that his health condition is not suitable for his further incarceration in jail. Infact, further incarceration of the petitioner in jail may endanger his life. 9. Learned Additional Sessions Judge, Samba while rejecting bail application of the petitioner has got swayed by the heinousness of the offence alleged to have been committed by the petitioner and has, without appreciating the seriousness of the ailment with which the 4 petitioner is suffering, observed that he is being treated well inside the jail. 10. There is no quarrel with the proposition that in cases involving commercial quantity of contraband, accused cannot be admitted to bail unless the conditions mentioned in Section 37 of the NDPS Act are fulfilled. This Court in the case of Sajad Ahmad Bhat v, UT of J&K, 2022 SCC Online J&K 453, has, after noticing the provisions of Section 37 of the NDPS Act, held that the said provisions come into play only when bail of a person accused of an offence involving commercial quantity of contraband is being considered on merits and the limitations contained therein would not come into play when bail is to be granted on humanitarian grounds like medical grounds. It has been further held that in such cases the powers of the High Court under Section 439 Cr.P.C. are not curtailed and as such, the provisions contained in Section 37 of the NDPS Act do not act as a blanket ban on the power of the High Court under Section 439 Cr.P.C. 11. In view of the aforesaid position of law and keeping in view the deteriorating health condition of the petitioner as has been noted in the medical report submitted by the jail authorities, a case for grant of temporary bail on medical grounds in favour of the petitioner is made out. 12. Accordingly, the petitioner is admitted to bail on medical grounds for a period of two months from the date he is released from custody, subject to the following conditions:- 5 i) He shall furnish the bail bond with one surety in the amount of Rs.1.00 lac to the satisfaction of the trial Court. ii) That he shall continue to appear before the trial Court on each date of hearing and shall not leave the limits of UT of J&K without prior permission of the trial Court. iii) That he shall not tamper with the prosecution witnesses and shall not repeat the similar offence(s). iv) The petitioner shall use the concession of bail for the purpose of his treatment and he shall surrender before the trial Court upon expiry of the period of this bail. 13. The petition stands disposed of. Copy of this order be sent to the trial Court. (Sanjay Dhar) Judge Jammu 25.04.2025 Vinod. Whether order is reportable: Yes/No Vinod Kumar 2025.04.28 12:54 I attest to the accuracy and integrity of this document