Medical interim bail may be refused when treatment is available in jail and NDPS commercial quantity bar applies.

Interim bail on medical grounds need not be extended where the prisoner is stable and the required treatment is available within jail premises. The Delhi HC noted that the discharge summary showed the petitioner was in stable condition and that treatment could be provided in Tihar Jail, making continued interim bail unwarranted. It also recorded that the recovery was commercial in nature, so the statutory bar under the NDPS Act applied, and rejected the argument that completion of investigation made custody unnecessary. The petitioner's attempt to seek successive reliefs without disclosing an earlier order was also disapproved.

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Issues: Whether the petitioner was entitled to extension of interim bail on medical grounds, when the medical treatment was available within jail premises and the case attracted the statutory bar under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Analysis: The petitioner was already on interim bail on medical grounds, but the discharge summary recorded that he was in stable condition and that the treatment required was also available in Tihar Jail. In these circumstances, continuation of interim bail was found unwarranted. The conduct of the petitioner was also disapproved, as he had sought successive reliefs and had not disclosed the earlier order of the Coordinate Bench. The recovery was stated to be commercial in nature, attracting the bar under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and the plea that investigation was complete and custodial detention was unnecessary was rejected.

Conclusion: Extension of interim bail was refused and the application was dismissed.

Ratio Decidendi: Where the required medical treatment can be provided within jail premises and the prosecution case attracts the statutory bar applicable to commercial quantity offences, interim bail on medical grounds need not be extended.

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