Jammu & Kashmir and Ladakh High Court says commercial quantity case cannot be ignored on medical plea; directs jail authorities to ensure continuous treatment and daily medical monitoring.
Srinagar, Sept 16, 2026: The Jammu & Kashmir and Ladakh High Court has dismissed the short-term bail plea of Manzoor Ahmad Hajam, an accused in an NDPS case involving commercial quantity of cough syrup containing Codeine Phosphate and Triprolidine Hydrochloride, holding that the statutory embargo under Section 37 of the NDPS Act continues to apply and that his medical condition did not justify release at this stage.
Justice M.A. Chowdhary, while hearing Bail App No. 22/2026, noted that the petitioner had already been granted interim medical bail by the trial court for nearly eleven months, during which he had ample opportunity to undergo the advised medical procedures, including FNAC, biopsy and ERCP. The Court observed that the medical record showed repeated visits to SKIMS, Soura, where the petitioner was examined and treated, and that on several occasions he had himself refused or deferred procedures.
According to the prosecution, the petitioner was apprehended during naka checking at Kathpora near Cement Bridge in Bandipora on November 13, 2024, when police allegedly recovered 20 bottles of Codeine Phosphate and Triprolidine Hydrochloride syrup, each of 100 ml, from his bag. The FIR was registered under Sections 8 and 22 of the NDPS Act, and the trial court had already framed charges after finding a prima facie case.
The High Court referred to recent Supreme Court rulings, including Narcotics Control Bureau v. Kashif, State of Meghalaya v. Lalrintluanga Sailo, and Union of India v. Vigin K. Varghese, reiterating that in NDPS cases involving commercial quantity, “negation of bail is the rule and grant is an exception,” and that the twin conditions under Section 37 are mandatory. The Court held that pleas of prolonged incarceration or medical hardship cannot override the statutory bar unless the legal threshold is satisfied.
On the medical issue, the Court noted that the petitioner’s biopsy report showed no signs of malignancy in the pancreas. It also found that the accused was being treated at SKIMS, which is close to Central Jail, Srinagar, and that he could be shifted for specialized care whenever required. In these circumstances, the Court concluded that no case for medical bail was made out.
While dismissing the petition, the Court directed the jail authorities and respondents to ensure appropriate medical care, daily examination by the jail doctor, and immediate specialized treatment if needed, making it clear that the observations were confined only to the bail plea and would not affect the trial on merits.
Bottom Line :
NDPS Act - Bail on medical grounds in case involving commercial quantity - Statutory embargo under Section 37 remains mandatory - Medical bail can be considered on humanitarian grounds, but where accused had already availed long interim medical bail, delayed advised procedures, no malignancy was found in biopsy, and adequate treatment was being provided in custody through specialized hospital, short term bail was rightly declined with direction for continued medical care.
Statutory provision(s): Sections 8, 22, 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985
