New Delhi: The Supreme Court has granted bail to an accused in a case lodged under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, noting that he was on ventilator support.
A bench of Justices Krishna Murari and Sanjay Kumar said: “Looking to the medical condition of the petitioner that he was on ventilator though now he has been discharged however, because of non-availability of advanced proper medical treatment in jail and considering the fact that the petitioner has been in incarceration for more than 1 year and 7 months, we are inclined to release the petitioner on bail.”
Advocate Namit Saxena, appearing for the accused, submitted that the accused is facing charges under the Narcotic Drugs and Psychotropic Substances Act for possession of 10 kg ganja which is not commercial in nature. He told the court that his client’s medical condition has deteriorated and was earlier on ventilator support.
The top court, in its order, said: “The petitioner is directed to be released on bail, subject to such terms and conditions which the trial Court may deem fit and proper to impose. The special leave petition stands disposed of accordingly. Pending application(s), if any, shall also stand disposed of.”
The apex court order came on a plea filed by Salim Majothi challenging an order of the Gujarat High Court which had dismissed his bail plea.
The plea alleged that the high court, without looking into the facts and circumstances of the case and without appreciating that nothing could be found against the petitioner to show his involvement in the alleged crime for which he has been incarcerated, dismissed his petition.
“That the present case is an unfortunate one where despite having no involvement in the commission of any offence, the petitioner has been incarcerated for the offences under Section 8(c), 20(b) & 29 of the NDPS Act, 1985. Courts below failed to take into account a plethora of reasons, including the ill health of the petitioner and the bail granted to the co-accused persons, while passing the impugned order. The petitioner at the time of filing of the present SLP is on ventilator,” said the petitioner.
