2020 (9) TMI 111 - HC - Indian Laws

Grant of Interim Bail - Smuggling - Methamphetamine - Coccaine - Applicant seeks bail on the ground of deteriorating conditions in the Mandoli Jail, where it is stated that there is a severe spread of the pandemic - Sections 8, 21, 22, 27A and 29 of NDPS Act, 1985 - HELD THAT - The Senior Medical Officer admits that the Applicant is suffering from skin allergies. There is no response to the specific plea of the mother in her affidavit where it has been stated that due to the skin allergy, she has been given medicines in jail and she has suffered a negative reaction to them. Further, considering the situation of the pandemic as also various news articles published from time to time about the spread of COVID-19 even in the jail, the threat of the pandemic is a serious threat. The Applicant is a permanent resident of Goa with deep roots in society as is clear from her mother s affidavit as also the petition filed by her grandfather - In the nominal roll, the jail conduct of the Applicant is found satisfactory. There are no other cases pending against the Applicant. The statement given by the Applicant under Section 67 has been retracted by her affidavit. However, this Court is not inclined to go into the validity or otherwise of the said statement at this point. The present petition is only seeking interim bail in order to enable the Applicant to meet her family. Considering the overall facts and circumstances of this case, this Court is inclined to give interim bail to the Applicant - Interim bail granted.

Summary

Issues:
Interim bail application due to pandemic in jail, compliance with NDPS Act, presence of independent witnesses, health conditions of the applicant, family support, jail conduct, retracted statement under Section 67, terms of interim bail.

Analysis:
The applicant, a 24-year-old girl, sought interim bail citing the deteriorating pandemic situation in jail. She was arrested under the NDPS Act for possession of Methamphetamine and has been in custody for over two years. The Narcotics Control Bureau (NCB) claimed she was found with drugs and led to the seizure of more cocaine from other co-accused based on her disclosures. The applicant's family supported her bail plea, assuring her presence at trial. The court noted the lack of independent witnesses during the seizure and the applicant's educational background and family details.

The applicant's counsel argued that her statement under Section 67 was retracted, highlighting discrepancies in the case, such as the absence of communication with co-accused and non-fulfillment of mandatory conditions under the NDPS Act. The NCB opposed bail, citing the quantity of drugs seized and statutory presumptions. The court considered the medical report of the applicant's skin allergies and the threat of COVID-19 in jail, emphasizing her roots in Goa society. The jail conduct was satisfactory, and no other cases were pending against the applicant.

After reviewing the circumstances, the court granted interim bail for 45 days with specific conditions: a personal bond, residence restrictions, reporting to the local police, continuous contact with the IO, trial participation, prohibition on contacting co-accused, and surrender upon expiry of bail period. The court disposed of the petition and related applications, ensuring the applicant's temporary release with stringent terms to safeguard trial proceedings and public interest.