Gurjit Singh v. Ncb

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1942/2025 GURJIT SINGH .....Petitioner Through:

Mr. Siddharth Yadav, Mr. Sumit Chaudhary, Mr. Rahul Sambher, Mr.

Ayush Kr. Singh, Ms. Kashish Ahuja, Ms. Sneha Bakshiram, Mr. Rahul Yadav, Advocates versus NCB .....Respondent Through:

Mr. Arun Khatri, SSC for the NCB with Ms. Shelly Dixit, Ms. Tracy Sebastian, Mr. Devender Singh, Ms.

Poonam, Advocates

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 23.05.2025 CRL.M.A. 15663/2025 (Exemption) 1.

Exemption is granted, subject to all just exceptions. 2.

The Petitioner shall file legible and clearer copies of exempted documents, and compliant with practice rules, before the next date of hearing.

3.

Accordingly, the application stands disposed of. BAIL APPLN. 1942/2025 4.

Through the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 20231 (corresponding to Section 439 of the Code 1 "BNSS"

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of Criminal Procedure, 19732), the Petitioner seeks an extension of the interim bail currently enjoyed by the Petitioner, which was last extended by this Court on 8th May, 2025.

5.

The Petitioner was initially granted interim bail on medical grounds in May 2024. That relief has been periodically extended in view of continuing health complications, substantiated through medical records. Later in February, 2025 interim bail was again granted to the Petitioner on medical grounds. In March 2025, the Petitioner filed an application seeking regular bail in Crime No. VIII/01/DZU/2024 registered under Sections 8, 9A, 22(c), 23(c), 25, 27A, 28, 29 and 30 of the Narcotic Drugs and Psychotropic Substances Act, 19853 at P.S. Narcotics Control Bureau. However, that application was withdrawn after being heard on 8th May, 2025. At that stage, this Court, bearing in mind the humanitarian concerns and the Petitioner's stated medical condition, extended interim bail for a further period of two weeks. That period is now due to expire on 22nd May, 2025. However, the present application seeks a further extension on similar medical grounds. 6.

Mr. Siddharth Yadav, counsel for the Petitioner submits that the Petitioner has recently undergone a surgical procedure for scrotal edema at Christian Medical College, Ludhiana, on 21st May, 2025. He draws attention to the post-operative advice issued by the treating doctors, which recommends bed rest for a period of six to eight weeks to facilitate recovery and prevent post-surgical complications. It is therefore urged that the interim bail be extended accordingly.

7.

Mr. Arun Khatri, Senior Standing Counsel for the Narcotics Control 2 "Cr.P.C."

3 "NDPS Act"

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Bureau, submits that the Petitioner has consistently sought to prolong interim bail since 19th February, 2025, by filing repeated applications citing medical issues. Mr. Khatri emphasises that despite the Petitioner withdrawing his regular bail application on 8th May, 2025, he did not surrender as required but instead resumed filing successive interim bail applications. It is also pointed out that the Petitioner appears to be visiting different hospitals for disparate ailments, raising a legitimate concern that medical grounds are being leveraged strategically to delay judicial custody. 8.

The Court has duly considered the rival submissions and examined the material on record. The State's apprehensions, particularly regarding the Petitioner's pattern of seeking repeated bail extensions, are not without substance. The record does reflect a sequence of bail extensions premised on different medical issues. However, the fact remains that the surgical procedure of the Petitioner was performed recently on 21st May, 2025, and the medical certificate, produced in Court recommends a post-operative recovery period of six to eight weeks.

9.

While the Court is cautious against permitting repeated extensions in the absence of genuine medical needs, it cannot disregard that the Applicant has recently undergone surgery and has been advised bed rest for postoperative healing and recovery. In such circumstances, and purely as a measure of humanitarian consideration, a limited extension is deemed appropriate.

10.

Accordingly, the interim bail granted to the Petitioner is extended for a further period of four weeks from today, on the same terms and conditions as those recorded in the order dated 19th February, 2025, passed in BAIL APPLN. 4668/2024.

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11. It is, however, made clear that no further extension shall be granted on the same grounds.

12. The application stands disposed of in the above terms. 13.

Copy of this order be sent to Jail Superintendent for information and compliance.

SANJEEV NARULA, J MAY 23, 2025/ab The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.