Anwar Hussain vs U.T. of J&K and Ors

Shahzad Azeem, J

The petitioner is seeking bail for a period of two months on the ground of treatment of his mother, Mst. Sardar Begum who has been diagnosed with mass lesion in the right breast, which is highly suspicious of malignancy and also for the treatment of his wife who stated to be suffering from a critical eye disease that may severely impair her vision.

Petitioner has initially approached the Court of learned Principal Sessions Judge, Rajouri for grant of short bail on the ground of medical exigency of his mother and wife, respectively, but it did not find favour with the learned trial Court and thus, came to be dismissed vide order dated 27.05.2025.

To be brief, the petitioner is alleged to be the member of organized gang, who is involved in drug trafficking and in this regard on 20.03.2025 during Naka checking at ITI Naka Sunderbani, two co-accused namely Liyaqat Hussain and Altaf hussain, respectively, came to be arrested and on search 19 packets of charas, weighing 3 kgs 640 gms alleged to have been recovered. This huge commercial quantity of contraband alleged to have been purchased from the drug traffickers operating in the valley against the payment stated to have been made by the petitioner herein, and details of arrest and mode of payment is also specifically mentioned.

It is further borne out of the record that the petitioner is blessed between 5 to 7,siblings and thus, they are readily available and had equal filial concern of the well being of the parents etc. To put it in short, learned Principal Sessions Judge, Rajouri while rejecting the bail plea of the petitioner had come to the conclusion that the medical record of the wife of the petitioner pertains to the year 2023-2024, which is suggestive of the fact that in the recent that she did not require any medical attention and at the same time in absence of the petitioner, his mother is otherwise getting the required medical treatment, inasmuch as the rigors of Section 37 of NDPS Act are equally applicable.

In view of observations made by the learned Sessions Judge, Rajouri while rejecting the bail plea of the petitioner on medical exigency that he is blessed with good number of family members at home, who are equally responsible to take care of his family members, this Court does not find any legally tenable ground either pleaded or made out for showing indulgence at this stage nor petitioner could demonstrate any change of circumstance, rather there appears to be an abortive attempt being made to wriggle out of rigors of Section 37 of the NDPS Act on the flimsy grounds.

In view of the above, the petition being found misconceived and, accordingly, same is dismissed.