Accused Suffering From HIV, Special Consideration Be Given To Get Proper Treatment: Meghalaya HC Grants Bail In NDPS Case
The Meghalaya High Court in an NDPS (Narcotic Drugs & Psychotropic Substances) case has granted bail to an accused person suffering from HIV and has directed that special consideration be given to her to get a proper treatment.
The Court was deciding an application seeking bail for the accused person who was suffering from HIV positive and was undergoing treatment for the same.
A Single Bench of Justice W. Diengdoh said, “… the accused person is indeed suffering from HIV irrespective of the fact that the treatment given by the State may be adequate or not as the case may be, 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. Needless to say, grant of bail is not the end of the matter, it is only to ensure that the accused shall not abscond.”
The Bench added that if the accused person would cooperate with the investigation and the trial, the purpose of the criminal proceedings would be served.
Advocate K.Ch. Gautam appeared for the petitioner while Sr. GA N.G. Shylla and Addl. Sr. GA A.H. Kharwanlang appeared for the respondents.
In this case, the High Court took note of the fact that the District Prison and Correctional Home authorities are doing their best to ensure that the patient is being looked after even while in custody; however, it is also equally valid that the person who is undergoing such procedure is not only physically depressed but also mentally depressed.
“It is also trite law that in cases involving narcotic drugs and psychotropic substances especially involving seizure of commercial quantity of such contraband, the rigours of Section 37 are to be complied with and are also applicable to the case of the accused person herein. On the other hand, there are also provisions even for this Court to take refuge to the provision of Article 21 to say that life and liberty of a person is equally important”, observed the Court.
The petitioner referred to the case of Bhawani Singh v. State of Rajasthan (2022 SCC Online SC 1991) wherein the Supreme Court in a case for application of bail taking note of the fact that the accused person involved therein was suffering from HIV, had, on this premise granted bail.
“The accused person, Smti. X is hereby directed to be enlarged on bail”, held the Court.
Accordingly, the High Court granted bail to the accused and disposed of the application.
Cause Title- Shri. Lalrintluanga Sailo v. State of Meghalaya & Anr. (Neutral Citation: 2023:MLHC:956)
