Meghalaya High Court grants bail in NDPS case after noting that accused is HIV positive

A woman booked under the Narcotics Drugs and Psychotropic Substances Act (NDPS Act) was recently granted bail by the Meghalaya High Court in view of the fact that she was suffering from the human immunodeficiency virus (HIV) [X vs State of Meghalaya]..Justice W Diengdoh passed the order while opining that special consideration should be given so that the HIV-positive accused gets proper treatment in a congenial environment.."The applicant is indeed suffering from HIV irrespective of the fact that the treatment given by the State may be adequate or not as the case may be, this Court is of the considered opinion that special consideration be given to the accused to get proper treatment or to recuperate from her suffering in an environment congenial to her," the judge said..The Court also recalled that in a 1991 case, the Supreme Court had granted bail in view of the fact that the accused was suffering from HIV..In the case before the High Court, the woman had been booked on allegations that she had been in possession of a commercial quantity of drugs. The Court acknowledged that generally, there are stringent conditions that have to be complied with before bail can be granted in such cases under Section 37 of the NDPS Act (bail can be granted only after court is satisfied the person is not guilty of the offence).However, the judge added that Article 21 of the Constitution (life and personal liberty) of a person is equally important..He further observed that the HIV-positive accused would have to undergo special treatment to prevent the aggravation of her condition and to ensure that she does not contract any sickness on account of her compromised immune system. The judge noted that the District Prison and Correctional Home authorities may do their best to ensure that the accused is looked after even while in custody. "However, it is also equally valid to say that the person who is undergoing such procedure is not only physically depressed but also mentally depressed," the bench opined.Hence, the Court granted the accused special consideration and allowed her release on bail on furnishing a surety of ₹1 lakh. .Advocate K Ch Gautam appeared for the bail applicant (accused). Senior Government Advocate NS Shylla and advocate AH Kharwanlang represented the State..[Read Order]