Sr. No. 01 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Bail App No. 247/2024 Vipin Pandita …. Petitioner/Applicant(s) Through:- Mr. C. M. Koul, Sr. Advocate with Mr. A. R. Bhat, Advocate V/s Union Territory of J&K …..Respondent/Non-applicant(s) Through:- Mr. Pawan Dev Singh, DyAG CORAM : HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE ORDER 15.09.2025 01. The applicant, who is facing trial before the Court of learned 2nd Additional Sessions Judge, Jammu for offences under Sections 8, 21 and 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “NDPS Act”) has filed the present application seeking grant of bail. The applicant had earlier moved an application for enlarging him on bail before the Trial Court, which was rejected vide order dated 25.07.2024. 02. As per the prosecution story, 15 Ampoules of Buprenorphire Rexogesic i.e., 30 grams were recovered from the possession of the applicant. The possession of 20 grams of such substances falls within the category of commercial quantity whereas 0.1 gram falls under small quantity and further 15 Ampoules of Diazepam i.e., equivalent to 30 grams were also recovered from him in which commercial quantity starts from 500 grams and small from 20 grams. In addition, 15 Ampoules of premethazine hydrochloride (Phenengon) equivalent to 30 grams were also recovered from his possession. The aforesaid 2 material/drugs recovered from the possession of the applicant are prohibited substances under the NPDS Act. 03. The allegations against the accused being that he was found in possession of commercial quantity of narcotic substances, therefore, the trial Court rejected the bail application of the applicant holding that the quantity recovered from his possession falls within the category of commercial quantity, as such, the provisions of Section 37 of the NDPS Act are attracted. 04. The applicant in this application is seeking bail on the ground of his precarious health condition. It is averred that he is seriously sick and suffering regular bouts depression and severe ailments and he received bouts of psychiatric disorder. He had also experienced while in confinement swelling in his skull as well. The applicant has also placed on record a certificate issued by the Chief Medical Officer, Health and Family Welfare, Jammu in support of his contention that he is suffering from disability. 05. It is not in dispute that the contraband substances which was recovered from the possession of the applicant is a prohibited drugs in respect of which FIR No. 273/2022 was registered on 03.08.2022 for the offences under Sections 8, 21, 22 NDPS Act. The applicant has remained in custody since then. The charge-sheet had already been filed which is pending before the trial Court. The applicant is in custody for more than three years yet the trial has not been concluded and only two prosecution witnesses are said to have been examined by the trial Court. 3 06. With regard to the applicability of Section 37 of the Act, there is no dispute that the recovery falls within the ambit of commercial quantity. However, the prolonged incarceration of the applicant since August, 2022, without substantial progress in trial, cannot be ignored. The applicant has a right to speedy trial guaranteed under Article 21 of the Constitution of India.. 07. Another aspect which is to be taken into consideration is that the applicant is suffering from aliments regarding which the medical report was also sought to be filed by the respondent. Report regarding his condition has also been filed, perusal of which would reveal that the applicant is suffering from some medical disorder and given proper medical treatment as and when required. The applicant is facing trail in the Court of learned 2nd Additional Sessions Judge, Jammu and it is reported that he has been shifted to District Jail, Bhaderwah and is presently lodged therein which is also one of the reasons attributable to delay of the trial. 08. Having regard to the medical condition of the applicant as is evident from the medical report submitted by the respondent and the fact that the applicant is in jail in such condition since August, 2022, I feel, it is an appropriate case in which discretion is required to be exercised to enlarge the applicant on bail. 09. In view of the aforesaid facts and circumstances of the case, the applicant namely Vipin Pandita, is admitted to bail, subject to the following conditions:- 4 (i) The applicant shall furnish personal bond to the tune of Rs. 50,000/- with one surety of the like amount to the satisfaction of the Trial Court; (ii) The applicant shall cooperate in the remaining part of the trial and shall appear before the Trial Court as and when so directed by the Trial Court without fail; (iii) The applicant shall not leave the territorial jurisdiction of Union Territory of J&K without prior permission from the Trial Court; (iv) The applicant shall not directly or indirectly make any inducement, threat or promise to any of the listed witnesses or any other person/persons, who may be acquainted with the facts of the case so as to dissuade such persons from disclosing such facts during the trial; and (v) The applicant shall not indulge in any offence similar to that with which he is charged with in the instant case. 10. This application is disposed of in the aforementioned terms. (VINOD CHATTERJI KOUL) Judge JAMMU RAM MURTI/PS 15.09.2025