In the case of Sanjay v. Union of India a Special Leave Petition filed under Article 136 of the Indian Constitution seeking temporary relief from the Rajasthan High Court’s ruling on March 20, 2023, which denied interim bail for offences under Sections 8, 20, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, following the seizure of 173.05 Killo gram of illegal ganja taking into account that the petitioner had a spinal injury.
Supreme Court verdict
The petitioner required specialised care to address a spinal problem, hence the Supreme Court Division Bench of Justice A.S. Bopanna and Justice M.M. Sundresh approved an interim release of six weeks on medical grounds.
After temporary relief was requested because the petitioner needed specialised care, the Court issued a directive to the State authorities to provide that treatment. The Rajasthan High Court had also instructed the relevant prison authorities to send a specialist doctor. The petitioner received the recommended medical care, according to the court. However, the Court decided that it was proper for the petitioner to seek redress for adequate treatment by his particular requirements given the nature of the condition. Therefore, the Court decided that the petitioner should be granted 6-week interim bail with the Trial Court’s terms attached. Additionally, it encouraged the petitioner to get therapy during the allotted six-week time. The High Court was now considering the petitioner’s normal bail application, therefore the Court advised the petitioner to request consideration of that application there.
CASE NAME – Sanjay v. Union of India, Criminal SLP No. 4862 of 2023