LI Network
Published on: October 4, 2023 at 14:54 IST
The Meghalaya High Court recently approved bail for a woman who was charged under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) after considering her HIV (Human Immunodeficiency Virus) positive status.
The court, led by Justice W Diengdoh, emphasized the need for special consideration for her so that she could receive proper treatment in a suitable environment.
The court also referred to a Supreme Court order from the previous year in which bail was granted to an accused individual who suffered from HIV and appeared to be immunocompromised.
The accused woman had been charged under the NDPS Act for allegedly possessing a commercial quantity of drugs. While acknowledging that the strictures of Section 37 must be followed in such cases, the court also recognized that there are provisions allowing the court to rely on Article 21, asserting that an individual’s life and liberty are equally significant.
After reviewing her comprehensive medical report, the court noted that although the treatment for HIV patients may not be traditional “treatment” per se, special care is required to prevent these patients from acquiring additional illnesses that could exacerbate their condition.
In its decision, the court stressed that while the District Prison and Correctional Home authorities were doing their best to care for the patient while in custody, it was essential to acknowledge that such individuals are not only physically compromised but also mentally affected.
Taking all these factors into account, the court granted her bail with the understanding that the bail was not the final resolution of the matter, and it was only granted to ensure that the accused did not flee.
As a condition of her release, she was required to provide a personal bond of ₹1,00,000/- along with one surety of the same amount to the satisfaction of the relevant court.
Case title: “X vs. State of Meghalaya & Anr.”