SC grants relief to cancer patient accused under NDPS Act

New Delhi: The Supreme Court on Wednesday granted relief to a woman suffering from cancer, who is an accused in a case registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The Delhi High Court had earlier denied her further interim bail on medical grounds and directed her to surrender. However, the Supreme Court.

New Delhi: The Supreme Court on Wednesday granted relief to a woman suffering from cancer, who is an accused in a case registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

The Delhi High Court had earlier denied her further interim bail on medical grounds and directed her to surrender. However, the Supreme Court has stayed the High Court’s order.

A vacation bench of Justice Ujjal Bhuyan and Justice Manmohan stayed the direction to petitioner Jyoti to surrender.

The bench issued notice has been issued to Delhi State. “In the meanwhile, the direction to petitioner to surrender shall remain stayed,” the apex court ordered.

The matter has been listed for a hearing on June 27.

Petitioner Jyoti moved the Supreme Court after denial of further interim bail by the Delhi High Court. She was order to surrender on on June 15 before the jail authorities.

However, she was hospitalised on the intervening night of June 13 and 14, 2025.

Senior advocate Amit Chaddha, alongwith advocates Sarthak Sethi and Furkan Hassan appeared for the petitioner.

The plea stated that the petitioner’s health deteriorated during the intervening night of June 13-14 as she started experiencing severe breathlessness, weakness, and weakness in her limbs, and subsequently collapsed.

“She was immediately rushed to the hospital. Considering her condition, the doctors advised admitting her under close supervision and observation. The petitioner is currently receiving appropriate medical care,” the plea said.

The Delhi High Court on June 13 refused to grant further interim bail to petitioner after noting the submissions of prosecution that ailment can certainly be taken care of even during her stay in jail.

However, the court had directed that she be provided the best treatment at the hospital of her choice at the expense of the government.

The High Court had said, “The accused, being in judicial custody, it is the duty of the state to ensure her well-being and right to good health.”

The High Court considered the submissions that she is a bad character in the area. She has 29 cases against her, of which four are under the NDPS Act. In the present case, 480 grams of heroin were recovered from the accused Jyoti.

“I find substance in submission that the rigours of Section 37 NDPS Act cannot be ignored by the Court,” Justice Girish Kathpalia observed in the order passed on June 13.

On June 6, the Delhi High Court granted interim bail to an accused, Jyoti, till June 15.

She had approached the High Court after the trial court refused to extend her interim bail on June 4.

“The applicant is enlarged on interim bail on medical grounds till.15.06.2025 subject to the applicant furnishing a personal bond of Rs . 1,00,000 with one surety of the like amount subject to the satisfaction of the Jail Superintendent/Trial Court,” the high court ordered on June 4.

Petitioner was granted interim bail on May 19, 2025 till June 5 on the medical grounds in view of her condition by the trial court. She was arrested by the crime branch in an FIR lodged in 2023.

Senior advocate Amit Chaddha, counsel for the Petitioner, had submitted that as per the diagnosis report dated June 2 of the hospital,

Petitioner Jyoti is suffering from Chronic Lymphocytic Leukaemia. This is an uncommon and rare kind of cancer.