2020 (5) TMI 557 - HC - Indian Laws

Grant of Interim Bail - NDPS Act - COVID-19 Pandemic situation - HELD THAT - This Court has considered the medical records which have been filed by the Applicant as also the submissions of the Petitioner and the Respondent - the interim bail is granted to the Applicant upto 10th May, 2020 subject to furnishing a bond of ₹ 1 lakh along with surety for the said amount. The Applicant shall stand restrained from leaving the country and shall also not influence any witness or hamper the investigation in any manner. The Applicant shall surrender before the Jail Superintendent on 11th May, 2020. Application disposed off.

Summary

Issues:
- Application for interim bail under the Narcotics Drugs and Psychotropic Substances Act, 1985
- Grounds for seeking bail based on family circumstances, health conditions, and lockdown restrictions

Analysis:
The judgment pertains to an application for interim bail under the Narcotics Drugs and Psychotropic Substances Act, 1985. The Applicant, accused of offenses under the said Act and in custody since March 14, 2019, sought interim bail for 45 days through his wife. The grounds for seeking bail included family circumstances, specifically the wife's acute depression and osteoporosis, and the son's ongoing studies in the 12th standard at Delhi Public School. Additionally, due to the COVID-19 lockdown, the family faced difficulties operating bank accounts and moving out of the house.

The Respondent, represented by counsel, opposed the bail citing the nature of offenses under the NDPS Act. However, the Court considered various factors, including the exceptional situation created by the lockdown affecting the Applicant's family, the son's educational needs, the wife's medical condition supported by undisputed medical records, and the Applicant's past compliance with interim bail orders. The Court noted that the Applicant did not pose a flight risk based on his conduct.

In light of the circumstances, the Court granted interim bail to the Applicant until May 10, 2020, subject to conditions. These conditions included furnishing a bond of ?1 lakh with a surety, restrictions on leaving the country, influencing witnesses, or obstructing the investigation. The Applicant was directed to surrender before the Jail Superintendent on May 11, 2020. The application for interim bail was disposed of along with all pending applications.