Excelsior Correspondent
SRINAGAR, Nov 13: High Court has while closing the petition seeking regular bail on health grounds in FIR registered under Narcotic Drugs and Psychotropic Substances (NDPS) Act, has asked the accused to approach the court of competent jurisdiction for seeking bail under the offence.
Justice Ali Mohammad Magrey disposed of the petition seeking regular bail in the FIR and granted liberty to the accused to approach the court of competent jurisdiction for seeking regular bail in connection of case registered under Section 8/22 of the NDPS Act.
The case was registered in Police Station Sumbal, for the commission of offence punishable under Section 8/22 of the NDPS Act of 1985 against one Ghulam Mohammad Mir of Shilvat, Sumbal, Bandipora.
It is during the pendency of the trial of the case the accused-Mir approached the Court of Principal Sessions Judge, Bandipora, for seeking his release on bail on medical grounds in view of his deteriorating health condition and, in terms of order dated 17th of June, 2020, the Sessions Court admitted the applicant-accused to bail with a further stipulation that the he shall surrender back on 29th of June, 2020.
Thereafter, this interim bail was extended from time to time by the Court below, however, on 10th of July, 2017, since the Court below held that the applicant-accused will not be granted any further extension in bail, as such, the applicant-accused approached the High Court through the medium of petition under Section 439 of the Code of Criminal Procedure, seeking extension in bail already granted to him by the Court below.
When the bail application came up for consideration before the Court the interim bail has been extended in favour of the accused and thereafter the direction to Senior Superintendent of Police (SSP), Bandipora to take the applicant-accused in custody and handover the same to the Superintendent, Central Jail, Srinagar to take the custody of the applicant-accused from the Senior Superintendent of Police (SSP), Bandipora, after complying with all the protocol in vogue for containing the spread of COVID-19 Pandemic.
When the application was listed before the Court and the Court, while issuing notice to the other side, directed the concerned Jail Superintendent to get the applicant-accused medically examined by a Medical Board and report compliance.
The report of medical board as submitted reveals that the applicant-accused has been examined and it has been found that no ‘Cholelithiasis’ or any other mass is present in the Gall Bladder of the applicant-accused, as such, the applicant-accused is suffering from no surgical disease and does not require any surgical intervention at the present moment.
“Without commenting upon the merits of the aforesaid submission made by the learned counsel for the applicant-accused qua admitting the applicant-accused on regular bail, it is thought just and proper to take on board the main bail application and dispose of the same as well as the subsequent application with liberty to the applicant-accused to approach the Court of competent jurisdiction for seeking regular bail in connection case bearing FIR No. 04/2020”, Justice Magrey recorded.
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