'Entitled To Live With Dignity': Orissa High Court Grants Bail To NDPS Accused Suffering From HIV-AIDS

The Orissa High Court has granted bail to a man accused under the Narcotic Drugs and Psychotropic Substances Act, 1985 observing that his living with dignity in a congenial environment is not possible behind bars as he suffers from HIV-AIDS.

While granting relief to the petitioner, the Single Bench of Justice Savitri Ratho held:

“As the petitioner is HIV+, even though the jail authorities have claimed that he is being extended proper treatment, the petitioner is also entitled to live with dignity in an environment in which is congenial to him, which is not possible inside the jail.”

Case Background

The petitioner is an accused under Section 21(b) of the NDPS Act. His first bail application was disposed of by the Court granting him the liberty to move for bail afresh after the completion of the investigation.

He, along with another co-accused, approached the Court by filing the second bail application after completion of the investigation. Though the Court granted bail to the co-accused, it denied the same to the petitioner on the ground that he had one criminal antecedent under Section 20(b)(ii)(B) of the NDPS Act.

During the course of the hearing of the second bail application, it was brought to the notice of the Court that the petitioner is suffering from HIV-AIDS and requires regular medical monitoring and treatment. While denying the bail, the High Court granted liberty to the petitioner to approach the lower Court for bail by annexing his medical documents.

However, the lower Court rejected bail to the petitioner observing that the jail authorities must have taken care of him by giving proper treatment for the disease.

Contentions

It was submitted for the petitioner that although it has been stated by the jail authorities that the petitioner is being given treatment in jail, but considering the nature of his ailment, he is not able to lead a normal life inside the jail, as other inmates are avoiding contact with him, for which he is leading a secluded and miserable life in jail.

It was further submitted that under Section 437 of the CrPC, a sick or infirm person is entitled to be released on bail. Also, in view of the quantity of brown sugar allegedly seized from his exclusive and conscious possession, Section 37 of the NDPS Act will not be a bar for consideration of his prayer for bail.

Court's Observations

The Court relied upon the precedent set in Bhawani Singh v. State of Rajasthan, wherein the Apex Court had granted bail to the accused therein on the ground that he was suffering from HIV-AIDS.

Justice Ratho further highlighted the objective with which the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 was enacted by the Parliament which sought to protect the human rights of persons affected by the said virus and syndrome.

The Court cited Section 34 of the Act which, inter alia, provides that in any legal proceeding concerning or relating to an HIV-positive person, the Court shall take up and dispose of the proceeding on a priority basis.

Therefore, having regard for the aforesaid statutory provision and precedent, the Court concluded:

“After considering the submission of the counsel, the decision of the Supreme Court and the provisions of the Act, the quantity of brown sugar seized from the petitioner who is admittedly HIV+ and under treatment, even though he has one criminal antecedent under the NDPS Act, I am inclined to allow his prayer for bail.”

Case Title: B v. State of Odisha

Case No: BLAPL No. 434 of 2024

Date of Order: February 29, 2024

Counsel for the Petitioner: Mr. Rakesh Kumar Das, Advocate on behalf of Mr. Sujit Ku. Das, Advocate

Counsel for the State: Mr. M.R. Mishra, Addl. Standing Counsel

Citation: 2024 LiveLaw (Ori) 20

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