The Delhi High Court on Friday dismissed the interim bail application filed by a physically disabled man who was allegedly found in possession of 3.5 Kg of Charas, which is a commercial quantity.
The Delhi High Court Justice Rajnish Bhatnagar rejected the interim bail application and said, “In view of the petitioner failing to qualify on the three criterias laid down by the High Powered Committee of this Court and keeping in view of the allegations against the petitioner, the petitioner is not entitled to grant of interim bail as prayed as in the present case the petitioner was found carrying 3.5 kg of Charas which is a commercial quantity.”
Petitioner filed application seeking interim bail for a period of 45 days on the ground of being a handicapped person and suffering from severe diabetic and high blood pressure another ground for seeking the bail was the prevailing Covid-19 outbreak situation in the country.
The counsel appearing for the petitioner submitted that the allegations levied on the petitioner are false and that looking into the present pandemic situation of COVID 19, it is dangerous for the petitioner who is suffering from diabetes and hyper tension to remain in jail. The counsel also submitted that the petitioner is not being provided with proper treatment in jail and that the petitioner is entitled to be released on interim bail according to the Supreme Court order for release of prisoners in view of outbreak of pandemic COVID-19.
Whereas, the Additional Public Prosecutor submitted that the petitioner was arrested when he was carrying 3.5 Kg of Charas with him that is a commercial quantity. The counsel also ensured the court that the petitioner is being treated well for his medical condition by the jail authorities.
The APP also submitted that “all the tests as prescribed by RML Hospital and other doctors have been duly conducted on the petitioner and the condition of the petitioner is stable.”
Justice Rajnish Bhatnagar obsereved that “health status report of the petitioner shows that his condition and vitals are stable and regular treatment and follow-up from Jail doctors and RML hospital is being under taken. All the prescribed medicines are being provided to him.“
-India Legal Bureau