GURMEET SINGH Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The petitioner has filed the instant bail application on medical grounds. According to the petitioner, he is facing trial for offences under Ss. 8/15 of Narcotic Drugs and Psychotropic Substances Act (for brevity 'NDPS Act') arising out of FIR No. 167/2018 before the Court of learned 1st Additional Sessions, Judge Jammu.

(2.) It is averred that the petitioner is suffering with Chronic Myeloid Leukemia (CML) i.e., Blood Cancer and is under medical treatment of Oncologist Govt. Medical College, Jammu since 14/3/2019. It is further averred that as per the report of the Doctor petitioner needs regular follow up at Oncology Department, besides petitioner is having low immunity and there are higher chances of him contacting COVID-19 infection which could prove fatal for him and his fellow inmates It is further contended that in view of the aforesaid serious medical condition of the petitioner he had made an application before the trial court, but the same came to be rejected vide order dtd. 31/8/2020. After the rejection of the bail application another medical report was called from the concerned District jail which reveals that the petitioner is under treatment of Oncologist, Govt. Medical College, Jammu as a case of Chronic Myeloid Leukemia i.e., Blood Cancer. The report further reveals that regular follow-up of petitioner is becoming difficult, as his chances of contacting COVID-19 infection are high due to his disease, as he is having low immunity.

(3.) Latest medical report dtd. 20/4/2021, pertaining to the petitioner was called from the concerned District Jail, the same reads as under:-