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2017 (12) TMI 1570 - HC - CustomsGrant of Bail - Smuggling - “Zol Fresh” tablet containing “Zoipidem” as a psychotropic substances - case of Revenue is that the psychotropic drug recovered from the accused is well above the commercial quantity prescribed in the schedule and the restrictions contained in Section 37 of the NDPS Act and thus bail cannot be granted - bail was now claimed on the ground that the petitioner is in critical sickness condition - Revenue believed that all those medical facilities available in the Central Prison itself and therefore, the petitioner can very well avail all such medical facilities and get proper treatment Held that:- Since this Court has already decided the issue involved in this petition, the question of considering the very same issue once again does not arise - On perusal of the Medical Certificate, dated 12.02.2017 given by Dr.L.Vijayalakshmi, Assistant Civil Surgeon, Government General Hospital, Chennai, it is seen that the petitioner was undergoing treatment from 20.09.2017 to till date and his health condition is very bad and was advised to take complete rest. Further, the petitioner was also enlarged on interim bail on medical grounds and got proper treatment in the Private Hospital and therefore, there is no problem in his health condition, if at all, he needs treatment, he can avail medical facilities from the Government Hospital. Bail cannot be granted - petition is dismissed.
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