Entitled To Lead Dignified Life In Congenial Environment: Tripura High Court Grants Bail To HIV Positive NDPS Accused

The Tripura High Court has granted bail to an accused arrested for offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) on the ground that the accused was tested HIV positive.

The accused was arrested under Sections 20(b)(ii)(c), 21(C), 25 and 29 of NDPS Act. While in judicial custody, the accused tested HIV positive. He was then sent to the hospital for treatment.

The State claimed that the accused was responding to treatment well and was in a good condition and opposed the bail considering the rigours of Section 37 of NDPS Act. Section 37 NDPS Act provides that the accused can be granted bail under the Act only when the Public Prosecutor has been given an opportunity to oppose the bail application and the Court is satisfied that there are reasonable grounds to believe that the accused is not guilty of committing the alleged offence.

A single judge bench of Justice Arindam Lodh noted that even keeping in mind the provisions of Section 37 of the NDPS Act, the accused deserves to be released on bail on account of testing HIV positive.

It noted the jail authorities claimed that adequate treatment would be given to the accused. However, the Court remarked that the accused “…is entitled to lead a life with all dignity in an environment that would be congenial to him, and needless to say, it is not possible in jail.”

It also noted that there is a reasonable belief that the accused, due to suffering from HIV, will not engage himself in the trading of contraband articles in the future.

The Court thus released the accused on bail after furnishing a bond of Rupees One Lakh.

Case title: Archana Das Sarkar vs. The State of Tripura (BA 35 of 2024)

Citation: 2024 LiveLaw (Trip) 7

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