New Delhi: The Delhi High Court on Friday refused to grant interim bail to a woman accused under the Narcotic Drugs and Psychotropic Substances Act (NDPS) and is suffering from cancer, noting the submissions of prosecution that her ailment can certainly be taken care of even during her stay in jail. However, the court has directed to provide her best treatment at hospital of her choice at the expense of government.
The High Court said, “… accused, being in judicial custody, it is the duty of the State to ensure her well-being and right to good health.” Justice Girish Kathpalia rejected Jyoti’s interim bail plea and directed her to surrender before the jail authorities on June 15.
The High Court considered the submissions that she is a bad character of the area. She has 29 cases against her, out of these 4 are under NDPS Act.
In the present case, 480 grams of heroin were recovered from the accused Jyoti.
“I find substance in submission that the rigours of Section 37 NDPS Act cannot be ignored by the Court,” Justice Kathpalia observed.
While dismissing the petition Justice Kathpalia said that the ailment, unfortunately suffered by the applicant is certainly a significant factor but I find substance in the submission of learned Prosecutor that it is not an ailment of temporary kind. The ailment can certainly be taken care of even during her stay in jail.
While dismissing the petition Justice Kathpalia said that the ailment of the applicant is certainly a significant factor but he finds substance in the submission of the prosecutor that it is not an ailment of temporary kind, and which can be taken care of even during her stay in jail.
Justice Girish Kathpalia said, “I am unable to find it a fit case to grant further interim bail to the accused/applicant. The application is dismissed and it is directed that the accused/applicant shall surrender positively on June 15 as already directed.”
“It is also specifically directed that the jail authorities shall provide the best possible treatment to the petitioner and if so desired by her, she would be taken in custody to the hospital (s) of her choice and shall be provided with all the prescribed medicines at the cost of the exchequer, since she would be in custody,” Justice Kathpalia ordered on June 13.
The High court rejected the submissions by the Additional Public Prosecutor (APP) that the accused/applicant cannot be provided medical treatment at the cost of exchequer since she would be taken to government hospitals for appropriate treatment.
Justice Kathpalia said, ” I am unable to accept this submission. For, the only response prescribed by law to crime is curtailment of the criminal liberty and when that is done, the prisoner, be it under-trial prisoner or a convict comes in custody of the State.”
He further said that Medical treatment is also a matter of faith of the patient in the doctor, which has a vital role in recovery, so if the patient wants to be treated by a particular doctor, her/his right should not be curtailed.
On June 6, the Delhi High court has granted interim bail to accused Jyoti till June 15. She had approached the High court after trial court refused to extend her interim bail on June 4. The High Court had sought a medical status report.
“The applicant is enlarged on interim bail on medical grounds till June 15, subject to the applicant furnishing a personal bond of Rs 1,00,000 with one surety of the like amount subject to the satisfaction of the Jail Superintendent/Trial Court,” high court ordered on June 4.
Petitioner is an accused in an NDPS Act and was granted interim bail on May 19, 2025 till June 15 on the medical grounds in view of her condition.
Senior advocate Amit Chaddha, counsel for the applicant, submitted that as per the Diagnosis Report of the hospital dated June 2, the applicant, Ms Jyoti, aged 39 years, is suffering from Chronic Lymphocytic Leukaemia, an uncommon and rare kind of cancer.
