ganja recovery case

Supreme Court: In a Special Leave Petition under Article 136 of the Constitution of India seeking interim relief against the order passed by Rajasthan High Court on 20-03-2023 refusing to grant interim bail for offences under Sections 8, 20 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 after recovery of illegal Ganja of 173.05 Kg, the Division Bench of A.S. Bopanna and M.M. Sundresh, JJ. allowed interim bail of 6 weeks on medical grounds since the petitioner needed specialized treatment to treat spinal disorder.

Considering that the petitioner was suffering from spinal disorder, the Court had earlier directed the State authorities to provide treatment/surgery to the petitioner through order dated 16-05-2023 after interim bail was sought on the ground of requiring specialized treatment, as was also directed by the Rajasthan High Court to the jail authorities concerned to provide a specialized doctor. The Court acknowledged that prescribed medical treatment was offered to the petitioner.

However, keeping in view the nature of illness, the Court deemed it appropriate for the petitioner to avail remedy for appropriate treatment according to his specific requirements. Hence, the Court ordered the petitioner to be released on interim bail for 6 weeks, subject to conditions imposed by the Trial Court. It further advised the petitioner to secure treatment during the given period of 6 weeks.

Since regular bail application of the petitioner was pending before the High Court, the Court suggested the petitioner to seek consideration of the same before the High Court.

[Sanjay v. Union of India, 2023 SCC OnLine SC 840, Order dated 7-07-2023]

Advocates who appeared in this case :

For Petitioner: Advocate on record Namit Saxena, Advocate Ritu Sharma, Advocate Shivam Raghuwanshi, Advocate Awnish Maithani, Advocate Shiksha Ashra;

For Respondent; Advocate Nachiketa Joshi, Advocate Shubhendu Anand, Advocate Saransh Kumar, Advocate on record Arvind Kumar Sharma.

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