Delhi High Court - Orders
Vikas Yadav vs Narcotics Control Bureau on 2 June, 2020
Author: Sanjeev Sachdeva
Bench: Sanjeev Sachdeva
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A.16/2020
VIKAS YADAV .....Appellant
Through: Ms. Archana Pathak Dave, Advocate.
versus
NARCOTICS CONTROL BUREAU ..... Respondent
Through: Mr. B.S.Arora, Advocate.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER
% 02.06.2020 CRL.M.B.6362/2020
1. The hearing was conducted through video conferencing.
2. Status report filed over email. Same is taken on record.
3. Appellant seeks interim suspension of sentence in Crl.A.16/2020 on his medical ground.
4. It is contended by learned counsel for the appellant that appellant is suffering from serious ailments including Diabetes Type- II and in view of the present prevailing situation of corona, the appellant is a high risk individual and his continuance in jail is likely to be a serious threat to his life.
5. Appellant has been convicted under Section 22(b) read with Section 28 of the NDPS Act and sentenced to undergo seven years rigorous imprisonment and to pay a fine of Rs.70,000/- and in default Crl.A.16/2020 Page 1 to further undergo simple imprisonment for a period of six months. Appellant has already undergone 2 years 4 months of incarceration as on 29.05.2020.
6. As per the medical report dated 29.05.2020 received from Superintendent Jail, the appellant is a known case of uncontrolled Diabetes Mellitus Type-II and hypertension. The medical report shows that appellant was also diagnosed as a case of Right Inguinal Hernia. The medical report inter alia records as under:-
"At present, the inmate is diagnosed as a case of uncontrolled Diabetes Mellitus Type-II and Hypertension and Right Inguinal Hernia. He is suffering from pain in abdomen, dragging sensation in scrotum, pain in bilateral testicles, headache, palpitations and chest pain. He is under treatment from doctor on duty and Senior Resident Medicine for Diabetes Mellitus and Hypertension. He is being provided symptomatic treatment for Right Inguinal Hernia but his symptoms are persisting and no improvement is reported. His referral to DDU Hospital for further surgical management cannot be done at present due to prevailing COVID-19 pandemic and restrictions on inmates' movements to outside hospital to prevent spread of COVID-19 inside Jail."
Crl.A.16/2020 Page 2
7. Appellant was also granted bail during trial. There is no allegation that during the period he was enlarged on Bail, he ever misused his liberty or violated any condition of Bail or that he was involved in any offence.
8. In view of the fact that the appellant is diagnosed as a case of uncontrolled Diabetes Mallitus Type-II and Hypertension and Right Inguinal Hernia and as per the medical report despite his treatment his symptoms are persisting and there is no improvement in his condition and he cannot be referred to DDU hospital for surgical management during the prevailing COVID-19 pandemic, I am of the view that the appellant has made out a case for grant of suspension of sentence on medical ground so that he can avail of treatment privately.
9. Accordingly, in view of the facts and circumstances and without commenting on the merits of the case, appellant is granted interim suspension of sentence, on medical grounds, for a period of four weeks from the date of his release subject to furnishing a bail bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the concerned Superintendent Jail.
10. Further, during this period
(i) appellant shall not leave the National Capital Territory of Delhi without prior intimation to the Zonal Director, Narcotics Control Bureau;
(ii) on his release, appellant shall within two days, surrender his passport, if any to the Zonal Director, Narcotics Crl.A.16/2020 Page 3 Control Bureau;
(iii) appellant shall also provide to the Zonal Director his mobile number, which shall be kept active during the period of his interim suspension; and
(iv) on completion of the period of four weeks, appellant shall duly surrender to the concerned Superintendent Jail.
11. The application is accordingly disposed of.
12. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsel and the concerned Superintendent Jail through email.
SANJEEV SACHDEVA, J JUNE 02, 2020 rk Crl.A.16/2020 Page 4