In X vs The State of Meghalaya under NDPS (Narcotic Drugs and Psychotropic Substances) case, a woman had filed for bail on account of suffering from HIV (human immunodeficiency virus) and was granted the same by the Meghalaya High Court last week.
Usually under NDPS cases rules regarding the grant of bail is very stringent under section 37 of the act as the woman was found to possess drugs of commercial quantity. However, this was a special case.
Hon’ble Justice W Diengdoh stated that: “The applicant is indeed suffering from HIV irrespective of the fact that the treatment given by the State maybe adequate or not as the case maybe, 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 Hon’ble Justice also added that Article 21 of the Indian Constitution i.e., right to life and personal liberty also holds of utmost importance in this case. The Court highlighted that although the District Prison and Correctional Home authorities carried out their best efforts to ensure that the patient was taken care of properly despite being in custody, it acknowledged that such individuals experience not only physical but mental agony.
The Hon’ble High Court also referred to an order of the Supreme Court where an accused on the grounds of suffering from HIV was granted bail last year.
The accused was thus granted bail on her furnishing a surety of Rs. 1,00,000 (one lakh rupees).
Written by: Divyani Newar, NEF Law College, 5th Semester, 3 Year LL.B., An intern under Legal Vidhiya
