Strap: Petitioner faces allegations of smuggling 925 kg of ketamine to China and one tonne of pseudoephedrine to Canada
The Punjab and Haryana high court has cautioned against denying bail to individuals aged 75 and above, even as law prescribes for limiting the liberty in a particular set of offences.
The high court bench of Justice Anoop Chitkara and Justice HS Deol granted bail to a 76-year-old convicted of drug offences and an accused in related money laundering cases, stating that denying bail in such cases would be unkind and against the court’s conscience.
“...whenever a person above 75 years of age with health issues is in custody, the judge concerned must have the spine to do justice and examine the health and old age-related issues with utmost sympathy and concern, and before rejecting the bail application of a person above 75 years of age, the court must document the reasons for the same,” the court observed, making it clear that the bar against bail in some offences like drug smuggling and money laundering cannot come in the way of granting liberty in such cases.
The court was hearing a bail plea from Davinder Singh Nirwal, who has been behind bars for five years in a March 2013 money laundering case being investigated by the Enforcement Directorate (ED) under the Prevention of Money Laundering Act, 2002.
{{/usCountry}}The court was hearing a bail plea from Davinder Singh Nirwal, who has been behind bars for five years in a March 2013 money laundering case being investigated by the Enforcement Directorate (ED) under the Prevention of Money Laundering Act, 2002.
{{/usCountry}}The 76-year-old petitioner claimed that he is suffering from medical issues and cannot even take care of his personal needs.
The ED claimed that the petitioner tried to evade summons from 2016 and was arrested with great difficulty, while his son remains at large. Further, the petitioner has been convicted and sentenced to 12 years in a drugs case. He received a four-year sentence in a separate case dating back to 2013.
The petitioner faces allegations of smuggling 925 kg of ketamine to China and one tonne of pseudoephedrine to Canada. Additionally, in a separate 2013 FIR registered in Patiala, police seized 10 kg of pseudoephedrine and 500 grams of intoxicating powder from his possession.
The court underlined that the rationale behind detention and custody is deterrence, retribution, protecting society from such criminals from committing further offenses, and sending a firm message to the public not to violate the law enacted by the state, or else their freedom might be curtailed.
“Unhealthy old age is a curse. It is inhumane to deny bail to middle-old people, or to those who are so sick that it is better for them to receive treatment outside prison walls; subject to the exception like the inmate is a recidivist who refuses to mend their ways, or is at flight risk, or that the criminal is of extreme perversity, or that the crime is so heinous or so cruel, that releasing such person on bail would be more disastrous to society,” it said, adding that denying bail would violate such a person’s right to life, which can be taken only by due process of law and is a fundamental right guaranteed under Article 21 of the Constitution of India.
The court granted him bail till December 21 on medical grounds and said that he can file an application for extension of the bail post this date, if the health condition does not improve.