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SANJAY DHAR
Jasvinder Singh – Appellant
Versus
State of J&K – Respondent
JUDGMENT :
Sanjay Dhar, J.
1. The petitioner has filed the instant bail application on medical grounds. According to the petitioner, he is facing trial for offences under Sections 8/15 of Narcotic Drugs and Psychotropic Substances Act (for brevity 'NDPS Act') arising out of FIR No. 130/2016 before the Court of learned Principal Sessions Judge, Udhampur.
2. It is averred that the petitioner is suffering from Diabetics which has adversely affected his eye sight resulting in low vision problem. It is further averred that as per the report of the Doctor petitioner is a case of Diabetes Mellitus with blood sugar level of 422 mg%, besides he is also suffering with bilateral posterior sub capsular cataract with nuclear sclerosis with nasal pterygium. It is further contended that in view of the aforesaid serious medical condition of the petitioner he had made an application before the trial court, but the same came to be rejected vide order dated 31.01.2019. After the rejection of the bail application another medical report was called from the concerned District jail which reveals that the petitioner needs surgery for cataract, but the surgery could not be done in view of the uncontrolled blo
The court established that the provisions of Section 37 of the NDPS Act do not act as an absolute bar to granting bail on humanitarian grounds, such as serious medical conditions, allowing for judici....
The limitations on granting of bail specified in Section 37 of the NDPS Act are in addition to the limitations under the Code of Criminal Procedure, and do not act as a blanket ban on the power of th....
The court emphasized the consideration of the petitioner's medical condition in the bail application and the need for an expeditious decision by the trial court.
The seriousness of the offence and the stage of the trial are crucial factors in considering bail on medical grounds.
The main legal point established in the judgment is that the court must carefully consider relevant aspects and not pass orders for bail and suspension of sentence as a matter of routine, especially ....
The conditions for granting bail under Section 37 of the NDPS Act must be fulfilled, considering the gravity of the offense and the quantity of contraband involved. The restrictions imposed on the po....
Admissible evidence, such as financial transactions and witness statements, can support a defendant's involvement in a crime, even if a co-accused's confessional statement is inadmissible. The restri....
Search and seizer of Contraband - Unless two conditions mandated under Section 37 of the NDPS Act are satisfied, an accused who is involved in offence relating to commercial quantity of contraband, c....
The main legal point established in the judgment is that the provisions of Section 37 of the NDPS act, 1985 are crucial in determining the grant of bail in cases involving commercial quantity of narc....
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