The Supreme Court has granted interim bail to a man accused in a case lodged under the anti-narcotics law, noting that he is on ventilator support.
A bench of Justices Krishna Murari and Sanjay Karol issued notice to the Gujarat government on the plea filed by the accused.
“Issue notice returnable in four weeks.Considering the medical condition of the petitioner as he has been put on ventilator and there is no proper medical facility for his treatment in the jail hospital, we are inclined to release the petitioner on interim bail,” the bench said.
The apex court said the accused is directed to be released on interim bail on such terms and conditions as deemed fit and proper by the trial court.
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.
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He told the court that his client’s medical condition has deteriorated and is currently on ventilator support.
The top court was hearing 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.
“The petitioner has been incarcerated for the offences under Section 8(c), 20(b) and 29 of the NDPS Act, 1985.
“The 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 special leave petition is on ventilator,” the plea submitted.