Serious medical ailments justify bail in NDPS cases involving commercial quantity despite previous rejections on merits.

On June 7, 2025, police officials at Basantpur seized 90 bags of contraband (Doda) weighing 14 quintal 44 kg, valued at approximately ₹1,30,00,000/-, from a truck parked near an RTO Barrier.

The applicant, a resident of Rajasthan, was subsequently arrested from Jodhpur on June 24, 2025, in his capacity as the owner of the vehicle.

This is the applicant’s third bail application; the first two were dismissed on merits on September 22, 2025, and January 9, 2026, respectively.

The applicant now seeks regular bail primarily on medical grounds, asserting he suffers from Nephrotic Syndrome and Membranous Nephropathy, requiring specialized treatment under a nephrologist.

A report from the Jail Superintendent, Central Jail Raipur, confirmed the applicant's chronic kidney ailments.

Whether the applicant is entitled to regular bail under Section 483 of the BNSS, 2023, on the grounds of severe medical illness and prolonged incarceration despite the dismissal of previous applications.

The court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), regarding the High Court's power to grant bail.

It considered the stringent provisions for bail involving commercial quantities of contraband under Sections 15(c), 25, and 29 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (NDPS).

Furthermore, the court applied the principle that serious medical conditions (specifically chronic kidney disease) and the filing of a charge-sheet can constitute a change in circumstances justifying the grant of bail in successive applications.

The court analyzed the applicant’s medical condition against the backdrop of his prolonged detention since June 2025 and the fact that the trial had not yet concluded.

Although the case involved a significant quantity of contraband, the court placed heavy reliance on the medical report submitted by the Jail Superintendent of Central Jail, Raipur, which verified that the applicant was suffering from critical kidney ailments requiring ongoing treatment in Raipur.

The court noted that the charge-sheet had already been filed and that the applicant had no prior criminal record.

By weighing the applicant's fundamental right to health and the procedural status of the trial against the previous rejections on merits, the court determined that the medical necessity and the duration of custody outweighed the prosecution's opposition.

The applicant was ordered to be released on bail upon furnishing a personal bond and two local sureties (one being a family member).

The relief was granted subject to four specific conditions: (i) an undertaking not to seek adjournments during evidence; (ii) mandatory presence on all trial dates; (iii) compliance with Section 82 Cr.P.C. (or equivalent BNSS provisions) to prevent absconding; and (iv) personal appearance during key trial stages including the framing of charges and recording of statements under Section 313 Cr.P.C.