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2018 (5) TMI 1065 - HC - Indian LawsInterim bail - Sections 21/25/29 NDPS Act - smuggling of heroin - bail is sought on the ground that the wife of the petitioner is unwell and the family of the petitioner comprises of his aged father, wife and eight children - Held that - States report has been filed, which though does not confirm that the wife of the petitioner has tuberculosis, however, confirms the structural picture of the parental house of the petitioner. The picture depicts the house in a completely dilapidated house and complete disrepair - the petitioner has made out a case for grant of interim bail for a period of four weeks from the date of his release, on furnishing of bond as required - petition allowed.
Issues:
Interim bail application due to family circumstances and house repair needs. Analysis: The petitioner sought interim bail for two months in a case related to the NDPS Act, where he was found with 240 grams of heroin. The commercial quantity is 250 grams, and he has been in custody since June 24, 2017. The grounds for seeking bail included the ill health of the petitioner's wife, the dilapidated state of their house needing urgent repairs, and the petitioner being a mason who could repair the house himself. The wife had a history of Meningitis Tuberculosis, adding to the family's challenges. The state's report confirmed the structural condition of the petitioner's parental house as completely dilapidated and in disrepair. Considering the circumstances, the judge found that the petitioner had made a case for interim bail for four weeks from the date of release. The bail conditions included a bond amount, a surety, reporting to the local police station within 48 hours of release, a subsequent report after 15 days, and surrendering after the four-week period. The petition was disposed of with the specified terms, and an order was issued for Dasti under the Court Master's signatures. The judgment balanced the petitioner's family circumstances and the need for house repairs with the legal requirements and considerations under the NDPS Act, providing a temporary relief while ensuring compliance with the law.
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