The XXXIII Additional City Civil and Sessions Court and Special Judge for NDPS cases in Bengaluru has granted a significant legal reprieve to Sameer U P, an accused in a major narcotics case, by allowing interim bail for six months on humanitarian and medical grounds. The petitioner, who is battling throat cancer, sought the court’s intervention to access specialized medical care that is unavailable within the prison system.
Background of the HAL Police Station Narcotics Case
The case against Sameer U P originated from a report presented by the Police Inspector of the Central Crime Branch (CCB), Women and Narcotics wing. On February 15, 2022, acting on credible information, the CCB conducted a raid on a residence in Annasandrapalya, Bengaluru. The intelligence suggested that two individuals from Kerala were operating a drug peddling ring targeting local college students.
During the raid, officials apprehended the petitioner and another individual. A comprehensive search of the premises led to the seizure of 52 grams of MDMA (Methylenedioxymethamphetamine), electronic weighing scales, and mobile phones. Under the Narcotic Drugs and Psychotropic Substances Act, 1985, 10 grams of MDMA is classified as a “commercial quantity.” Since the recovery in this case was 52 grams, the legal implications were severe, carrying a potential sentence of up to 20 years of rigorous imprisonment.
Medical Crisis in Custody
While in judicial custody, Sameer U P’s health deteriorated significantly. His legal counsel, appearing before Smt. B.S. Jayashree, emphasized that the petitioner was suffering from a life-threatening ailment. Medical documentation submitted to the court revealed a large heterogeneous mass lesion in his throat, measuring 180 x 80 mm. A subsequent biopsy confirmed a diagnosis of malignant lymphoma, a form of cancer.
The defense argued that the petitioner was experiencing extreme difficulty in breathing and was unable to consume food normally. While he had been referred to the Kidwai Memorial Institute of Oncology and Jayadeva Hospital for heart-related complications, his counsel argued that the specialized, continuous, and intensive care required for malignant lymphoma could not be effectively administered while the petitioner remained in prison.
Prosecution Opposes Bail Citing Commercial Quantity
The Public Prosecutor strongly opposed the bail petition, highlighting the gravity of the charges. The state argued that the seizure involved a commercial quantity of synthetic drugs, which triggers the stringent bail restrictions under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The prosecution further labeled the petitioner a “habitual drug peddler” and expressed concerns that his release would lead to him absconding or continuing his illegal trade.
The Courts Decision on Humanitarian Grounds
Special Judge Smt. B.S. Jayashree balanced the severity of the alleged crime against the fundamental right to life and health. The court noted that while the charges are serious and the investigation is still ongoing, the medical reports clearly indicated a “severe ailment” that required immediate and specialized intervention.
The court observed that the petitioner is diagnosed with cancer in the throat and requires continuous medical treatment. On looking at the health condition, the judge determined that a temporary release for the purpose of treatment would not prejudice the investigation, provided strict conditions were met. Consequently, the court declined to grant regular bail on merits but allowed an interim bail for a period of six months.
Conditions of the Interim Release
To ensure that the petitioner remains within the reach of the law while receiving treatment, the court imposed the following stringent conditions:
- The petitioner must execute a personal bond for a sum of 1 Lakh Rupees with two sureties of the same amount.
- He must surrender before the court immediately upon the expiry of the six-month period from the date of his release.
- He is strictly prohibited from tampering with prosecution witnesses or absconding.
- He must not commit any similar offense or any other crime while out on bail.
- Most importantly, he is required to produce a medical report regarding his treatment progress once every month to the court.
The ruling underscores the judiciary’s role in ensuring that even those accused of serious crimes under the Narcotic Drugs and Psychotropic Substances Act, 1985, are not deprived of essential, life-saving medical care, reflecting a humanitarian approach within the framework of the Indian legal system.