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IN THE HIGH COURT OF DELHI AT NEW DELHI
Swarana Kanta Sharma, J.
Sultan Ansari – Appellant
Versus
Dri – Respondent
Bail Appln. 912 of 2017
Decided On : 05-04-2023
NDPS Act - Interim Bail - Section 22/25A/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 - The court granted interim bail to the accused on medical grounds for a period of two months to seek treatment for kidney ailment in Patna.
Fact of the Case:
The accused filed an application seeking interim bail on medical grounds due to a non-functional kidney and hypertension caused by his confinement in jail. The prosecution opposed the bail, stating that the accused could receive treatment at AIIMS Hospital, Delhi.
Finding of the Court:
The court found that the accused's medical condition warranted immediate treatment and granted interim bail for two months to seek treatment in Patna, considering the prolonged custody and the absence of a likelihood of the trial being concluded in the near future.
Issues: Medical grounds for interim bail, suitability of AIIMS Hospital for treatment, and the accused's previous conduct during interim bail.
Ratio Decidendi: The medical condition and treatment of the accused, even as an accused, cannot wait till the trial is concluded. The court considered the accused's right to be treated where his family is located to avoid additional financial burden.
Final Decision: The court granted interim bail for two months to the accused on medical grounds for seeking treatment for kidney ailment in Patna, with conditions to ensure no prejudice to the trial or prosecution witnesses.
JUDGMENT
Swarana Kanta Sharma, J.
CRL.M.(BAIL) 153/2023 (interim bail)
1. The instant application under Section 439 of Code of Criminal Procedure, 1973 (`Cr.P.C'), has been filed by the applicant/accused seeking interim bail for a period of three months in SC No. 06A/2015 registered at Police Station Directorate of Revenue Intelligence (DRI), New Delhi, for offences punishable under sections 22/25A/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (`NDPS Act').
2. Brief facts of the present case are that on 19.08.2015, specific information was received by Directorate of Revenue Intelligence (DRI), that members of a syndicate operating from different places were engaged in illegal trade of psychotropic substances and controlled substances under the NDPS Act. On the basis of the said information, simultaneous search operations were conducted at various places which led to recovery of contraband substances on 19.08.2015 and 20.08.2015. As per case of the DRI, 250 kg of Pseudoephedrine Hydrochloride controlled substance was seized on 19.08.2015 from M/s Lakshya Traders, Shakarpur, Delhi, which was clandestinely and fraudulently removed from G.T. Biopharma Private Limited, Kala Amb on 17.08.2015. On 20.08.2015, another raid was conducted in which 100 kg of Pseudoephedrine Hydrochloride was seized from M/s Akash Logistics Pvt. Ltd. Kamla Market, Asaf Ali Road, which was received from M/s Daffohils Laboratories Pvt. Ltd, Dehradun and consigned to Weishorn Bio Tech, Delhi. It is alleged that one Manoj Kumar Nayak (co-accused) is the proprietor of M/s Lakshya Traders, and the other co-accused, D.P. Saxena, is the proprietor of M/s Weishorn Bio Tech., Delhi. On 19.08.2015, the officials conducted a raid on M/s G.T. Biopharma Pvt. Ltd, Kala Amb, in which controlled substance was recovered and 75kg of Ketamine Hydrochloride Psychotropic substance under the NDPS Act, and 20kg of Alprazolam Hydrochloride were also recovered. It is also stated that 6000 tablets containing Pseudoephedrine were found at G.T. Biopharma Private Limited. Further, the raid was conducted on M/s Daffohills which led to recovery of 25kg, Pseudoephedrine Hydrochloride. Apart from this, 1000 kg of Pseudoephedrine Hydrochloride, 175 kg of Ephedrine was recovered from M/s Dhari Chemical, Vadodra, which led to be dispatched to M/s G.T. Biopharma Private Ltd, Kala Amb and M/s Daffohills Laboratories Private Ltd, Dehradun. The present applicant/accused has been arrested in this case on 20.08.2015 on the premise that he is also part of this conspiracy and he was working as a manufacture cum-chemist with M/s G.T. Biopharma Private Limited, Kala Amb, Himachal Pradesh. It is further alleged that he had helped in the falsification of statutory record of the company, which had clandestinely diverted the controlled substance and psychotropic substance.
3. Present application for interim bail has been moved on behalf of applicant on medical grounds. Learned counsel for applicant/accused draws attention of this Court to the medical record and states that one of the kidneys of the applicant is non-functional as of now. It is stated that this sufferance has been caused due to his confinement in the jail. It is also argued that the applicant has a right to choose hospital for his treatment. It is further stated by learned counsel that while the applicant remained on interim bail on several occasions, he did not indulge in any offence including offence under NDPS Act.
4. Learned SPP for DRI, on the other hand, states that the applicant can be treated at AIIMS Hospital, Delhi where he can get the best possible treatment in India. Attention of this Court is drawn to the report of doctor concerned which has been received through the Superintendent, Jail, and it is stated that the medical condition of the applicant is stable. Reliance has been placed upon the decision of Division Bench of this Court in case of Athar Pervez v. State, 2016 SCC OnLine Del 6662 and it is stated t
The medical condition and treatment of an accused cannot wait till the trial is concluded, and the accused has the right to seek treatment where his family is located to avoid additional financial bu....
The main legal point established is the requirement of 'reasonable grounds' under Section 37 of the NDPS Act for granting bail, emphasizing the gravity of the offence and the accused's involvement.
The central legal point established in the judgment is the violation of the applicant's constitutional right for a speedy trial under the NDPS Act, leading to the grant of bail.
Fundamental right of inmates to receive adequate healthcare
The court may refuse to grant interim bail if the petitioner has a history of being a habitual offender and there are pending cases against the petitioner under the NDPS Act.
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