SANDEEP MOUDGIL, J (ORAL)

1. Prayer

The jurisdiction of this Court has been invoked under Section 483 BNSS, 2023 seeking regular bail to the petitioner in case FIR No.0143 dated 15.09.2023, under Sections 21/27-A-29 of NDPS Act, 1985 (offence under Section 21-C of NDPS Act added later on), registered at Police Station Sarhali, District Tarn Taran (Annexure P-1).

2. Contentions:

On behalf of the petitioner

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and he was neither apprehended at the spot no any recovery was effected from him. He further submits that the co-accused namely Surjit Singh @ Ganda from whom 400 grams of heroin was recovered, has already been granted the concession of regular bail vide order dated 14.05.2025 (Annexure P-6) passed in CRM-M-24557-2025.

It is further argued that the petitioner is a 57-year-old person suffering from multiple life-threatening ailments, including Stage IV cancer, for which he is currently undergoing treatment. He is also suffering from serious spinal and back-related complications and requires continuous medical supervision, specialized treatment, and regular follow-up with oncologists and other medical specialists.

On behalf of the State

On the other hand, learned State Counsel has filed the custody certificate of the petitioner, which is taken on record. According to which, the petitioner has been behind bars for 28 days.

In compliance with the order dated 05.06.2026 passed by this Court, status report filed by way of an affidavit of Ravisher Singh, PPS, Deputy Superintendent of Police, Sub Division Patti, District Tarn Taran, is taken on record.

The relevant para of the above-said affidavit is reproduced would reads as under:-

“That in compliance of aforesaid order passed by this Hon'ble Court, the deponent has called a report from the SHO, Police Station Sarhali, District Tarn Taran as per which, the factum regarding the health condition of the petitioner got verified through ASI Ashok Kumar No. 1929/TT posted at Police Station Sarhali. During the course of verification, investigator went to the Central Jail, Shri Goindwal Sahib and obtained the report from the Medical officer, Central Jail, Shri Goindwal Sahib and as per the report, it is found that the petitioner is suffering from Cancer of Kidney, but he further mentioned that now he is currently on Palliative care and currently Stable inside Central Jail. The true copy of medical report dated 07.06.2026 issued by the Medical officer, Central Jail, Shri Goindwal Sahib is annexed herewith as Annexure R-1 for kind perusal of this Hon'ble Court.”

Learned State Counsel prays for dismissal of the present petition on the ground that the petitioner is a habitual offender, as he is involved in other cases.

3. Analysis

In the present case, the petitioner is suffering from cancer of the kidney and is presently on palliative care, as is evident from the affidavit filed by the State today in Court. The petitioner is also stated to be suffering from serious spinal and back-related complications requiring continuous medical supervision and specialized treatment. Thus, the factum regarding the petitioner suffering from a life-threatening ailment is not in dispute.

In view of the advanced age of the petitioner, the nature of his medical condition, the requirement of continued and specialized treatment, and the overall facts and circumstances of the case, this Court is of the considered opinion that the petitioner deserves to be enlarged on regular bail on medical grounds.

4. Relief:

In view of the discussions made hereinabove, the petitioner is hereby directed to be released on regular bail on furnishing bail and surety bonds to the satisfaction of the trial Court/Duty Magistrate, concerned.

In the afore-said terms, the present petition is hereby allowed.

However, it is made clear that anything stated hereinabove shall not be construed as an expression of opinion on the merits of th