IMPORTANT POINT
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 judicial discretion in such cases.

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 blood sugar level of the petitioner. It is further contended that presently the petitioner has become visually impaired/blind and he is unable to perform daily chores as his own. On these grounds petitioner has sought bail.

3. I have heard learned counsel for the parties and perused the record of the case.

4. The petitioner is facing trial for commission of offences under Sections 8/15 of NDPS Act and trial ofthe case is under way. It is alleged in the challan that 256 Kg of poppy straw was recovered from the possessionof the petitioner which is a commercial quantity.

5. The learned trial court while rejecting the bail application of the petitioner vide order dated 31.01.2019has noted that the blood sugar level is very high and if the same remains in that category that may prove detrimental to the eye sight of the petitioner. The learned trial court has also noted that the petitioner needs necessary medical help and daily monitoring of his blood sugar level. According to the learned trial court the petitioner needs to be shifted to District Jail, Jammu so as to get regular medical help from Government Medical College Hospital, Jammu but at the same time the learned trial court found that this is not a good enough reason for enlarging the petitioner on bail.

6. Latest medical report dated 25.02.2021, pertaining to the petitioner was called from the concerned District Jail, the same reads as under:-

"In reference to the above mentioned suspect it is hereby submitted that inmate is known case ofT2DM (uncontrolled) Triopathy with Amyloidos is with Bilateral Mature Cataract with skin itching. Inmate has been referred to Super Specialty Hospital (Endocrinology) for treatment of diabetes. His blood sugar levels are on higher side even after taking oral hypoglycemic agents. His cataract surgery is been continuously deferred by specialist of GMC due to rise in his blood sugar levels.

It is pertinent to mention here that since inmate has developed bilateral cataract in both eyes. His vision is impaired and he needs continuous support of fellow inmates to do his daily chores. Due to this condition inmate has started staying alone and is showing is sign of acute depression. Although he is continuously been consoled by medical unit of the jail. Moreover, jail infrastructure is not designed to meet inmates condition as in jail everyone has to do his work himself, but inmate is totally dependent upon fellow inmates for small needs too."

7. The aforesaid report clearly shows that health condition of the petitioner has deteriorated to alarming levels. As per the report the petitioner has gone into depression. The jail authorities have fairly conceded that jail infrastructure is not designed to meet the condition the petitioner which he is facing and that he has become totally