Court Emphasizes Humanitarian Grounds in NDPS Act Case, Orders Temporary Release for Cardiac Surgery
In a landmark decision, the Jammu and Kashmir High Court, under the bench of Justice Mohd Yousuf Wani, has granted temporary bail to Mohammad Yaqoob Beigh, an accused under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), on humanitarian grounds. The Court emphasized that the severe cardiac condition of the accused necessitated urgent surgical intervention, thereby warranting temporary release despite the limitations imposed by Section 37 of the NDPS Act.
The petitioner, facing charges of trafficking in commercial quantities of narcotics, had been detained since March 2025. The High Court underscored the importance of human rights and medical care for detainees, ruling that the restrictions on bail under the NDPS Act do not constitute a blanket ban on granting temporary bail for critical medical treatment. The Court derived its authority from Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which allows for such humanitarian considerations.
The Court's decision was influenced by the petitioner's severe medical condition, including hypertension and dilated cardiomyopathy, with a critically low ejection fraction of 20%. The petitioner was advised to undergo a cardiac resynchronization therapy with a defibrillator, a procedure deemed urgent by medical experts.
Justice Wani highlighted that while the merits of the case could not be addressed due to the involvement of commercial quantities under the NDPS Act, the humanitarian grounds provided sufficient basis for temporary release. The Court imposed stringent conditions for the bail, including the furnishing of surety and personal bonds, immediate medical treatment, and a mandatory surrender after 45 days.
This judgment reaffirms the judiciary's commitment to balancing legal restrictions with fundamental human rights, particularly in cases where health concerns are paramount. The Court's decision is expected to set a precedent for similar cases, emphasizing the judiciary's role in safeguarding the rights of individuals under detention.
Bottom Line:
Temporary bail on humanitarian grounds for medical treatment can be granted to an accused under exceptional circumstances, notwithstanding the restrictions under Section 37 of the NDPS Act.
Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985 Section 37, Code of Criminal Procedure, 1973 Section 439, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 325.
