Noting That Accused Is HIV Positive, Meghalaya High Court Grants Bail To A Woman Booked Under NDPS Act

While passing this order, a bench of Justice W Diengdoh opined that special consideration was required to be given to her so that she could get proper treatment in an environment congenial to her.

The Court also took into account an order of the Supreme Court passed last year granting bail to an accused who was suffering from HIV and appeared to be immuno-compromised.

Essentially, the Accused woman had been booked under the NDPS Act on the allegations that she had been in possession of a commercial quantity of drugs.

The Court noted that though, in such cases, the rigours of Section 37 are to be complied with, however, there are provisions for the Court to “take refuge” to the provision of Article 21 to say that the life and liberty of a person is equally important.

Taking note of her detailed medical report, the Court observed that though in layman’s terms, it can be understood that the treatment for HIV patients is not exactly treatment per se, however, to prevent such patients from contracting any ailments which would aggravate the situation, a special treatment is required.

In its order, the Court also stressed that though the District Prison and Correctional Home authorities were doing their best to ensure that the patient was being looked after even while in custody, however, it was required to acknowledge the fact that such persons are only physically depressed but also mentally depressed.

Against this backdrop, the Court granted her bail while adding that the grant of bail was not the end of the matter and the benefit was being given only to ensure that the accused would not abscond. With this, she was directed to furnish a personal bond of ₹ 1,00,000/- with one surety of like amount to the satisfaction of the court concerned.

Case title – X vs. State of Meghalaya & Anr.

Citation: 2023 LiveLaw (Meg) 33

Case Citation:

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