Order 39

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Interim Bail Application
FIR No. 455/24, State Vs. Jatender Singh Gill @ Jassi
PS Special Cell
U/s 8(C)/20/21/25/27(A)/29 NDPS Act & 209/238 BNS
20.01.2026
Present: Sh. Akhand Pratap Singh, Ld. Special PP for
State(through VC).
Sh. Varun Deswal, Ld. Siddharth S. Yadav, Sh.
Sumer Singh Boparai, Sh. Varun Ahlawat, Sh. Rahul
Sambher, Sh. Danish Khan, Sh. Ayush Kumar Singh
(physically) and Ms. Kashish Ahuja (through VC),
Ld. counsel for applicant/ accused.
IO SI Shailesh Kumar in person.
Further arguments heard on the interim bail
application of the applicant/ accused Jatinder Singh Gill @ Jassi.
Ld. counsels for the applicant/ accused submit that
they had supplied the requisite information as directed by this
Court to the Investigating Agency. According to them, the
applicant/ accused is permanent resident of H. No. 54B, Guru
Amardas Avenue, Ajnala Road, Gumtala Bypass, Amritsar,
Punjab. However, now applicant/ accused is residing in UK
from last about 27 years. According to them, applicant/ accused
has ancestral property at Amritsar, Punjab and if he is admitted to
bail, he would reside at that address.
They further submit that the proposed mobile
number of applicant/ accused was also supplied to the police and
police has reported that the said mobile phone number belongs to
some Dilkhush, resident of Samastipur, Bihar. According to
them, the said mobile phone number might be firstly issued in the
name of some Dilkhush, however, now, applicant/ accused would
use the said mobile phone number if he is admitted to interim
bail.
Contd/-…
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They further submit that the applicant/ accused is
suffering from various ailments as mentioned in the interim bail
application. They further submit that the concerned Jail
Authorities have also affirmed the medical condition of the
applicant/ accused and according to them, applicant/ accused
requires treatment of ailments, as mentioned in the interim bail
application and they have already filed the report of concerned
hospital where applicant/ accused would get treatment.
Therefore, they request that the applicant/ accused may be
admitted to interim bail, as prayed in the present application.
Per contra, Ld. Special PP for the state as well as IO
have vehemently opposed the interim bail application stating that
the applicant/ accused can be treated in Govt. Hospital i.e.
AIIMS, Safdarjung or Ram Manohar Lohia Hospital and the
Court may give directions to get admit the applicant/ accused in
the hospital.
According to them, Ms. Naseeb Kaur i.e. sister-in-
law of the applicant/ accused was contacted at the ancestral
house of the applicant/ accused and she had stated that the
applicant/ accused has never resided at the said house and her
husband is also residing at Kuwait.
They further submit that the mobile phone number
provided by the applicant/ accused is in the name of Dilkhush
and according to them, applicant/ accused has mislead the Court
and has given wrong mobile number. They further submit that
the applicant/ accused never visited the concerned hospital for
treatment and the information was given by the Doctor concerned
Contd/-…
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only on previous medical documents of the applicant/ accused.
In rebuttal, Ld. counsels for the applicant/ accused
submit that since, applicant/ accused is resident of foreign
country, he cannot be discriminated on that aspect and he should
be allowed to take treatment from the hospital of his choice. In
support of that, they have relied upon
Cholpon Bisht Vs. State
Govt. of NCT of Delhi, Bail Appln. 426/2025 decided on
07.05.2025; Frank Vitus Vs. Narcotics Control Bureau, 2022
SCC OnLine Del 5193; Innocent Oluchukwu Vs. State of
Himachal Pradesh, 2020 SCC OnLine HP 1637; Haroub Slaum
Sleyoum Vs. Shri Abdul Qadir, ILR (2009) IV DELHI 152;
Lambert Kroger Vs. Enforcement Directorate, 2000 SCC OnLine
Del 208 & Lizhenghua @ Carter Lee Vs. Enforcement
Directorate, Bail Appln. 1447/2021 & Crl. M (Bail) 465/2021
decided on 17.05.2021.
They further submit that the address provided by the
applicant/ accused is his ancestral house and Ms. Naseeb Kaur
i.e. sister-in-law of the applicant/ accused has not stated in her
statement that the applicant/ accused cannot reside at that house.
They further submit that the wife of the applicant/ accused is
coming to India and she has also joined the Video Conferencing
and she can provide further treatment papers and address of the
applicant/ accused if he is admitted to bail.
They further submit that the SIM Card of the mobile
phone number provided to the police can be produced physically
in the Court. According to them, applicant/ accused would use
the said mobile phone number if he is admitted to interim bail.
Contd/-…
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File perused.
As per record, Ld. Link Judge had sought fresh
medical report qua the health of accused/ applicant from
concerned Jail Superintendent vide order dated 17.01.2026 for
today.
It is already 3:30 PM. Report has not been received.
Issue fresh notice to concerned Jail Superintendent
to file fresh medical status report of accused/ applicant for
21.01.2026.
(Virender Singh)
Special Judge, NDPS,
Central,THC, Delhi/20.01.2026
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