2023 (9) TMI 1690 - HC - Indian Laws

Application for bail on health grounds - Seizure of commercial quantity of narcotic drugs and psychotropic substances - accused person is indeed suffering from HIV - provision of Article 21 - HELD THAT - As observed 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. If the accused person would cooperate with the investigation and the trial the purpose of the criminal proceedings would be served. Upon these considerations the prayer of the petitioner herein is allowed. The accused person Smti. X is hereby directed to be enlarged on bail on the following conditions - With the above this petition is disposed of. No costs.

Summary

Meghalaya High Court granted bail to the accused Smti. X, who is HIV positive and undergoing treatment, in a narcotic drugs case involving commercial quantity seizure. The Court acknowledged the medical report confirming the accused's HIV status and recognized the physical and mental depression associated with the condition. While emphasizing compliance with Section 37 of the Narcotic Drugs and Psychotropic Substances Act, the Court also invoked Article 21, underscoring the importance of life and liberty. Citing Bhawani Singh v. State of Rajasthan (2022 SCC Online SC 1991), where bail was granted on similar health grounds, the Court held that "special consideration be given to the accused to get proper treatment or to recuperate from her suffering in an environment congenial to her." Bail was granted subject to conditions preventing absconding, evidence tampering, and requiring cooperation with the trial, furnishing a personal bond of Rs. 1,00,000 with surety, and restrictions on leaving Meghalaya without permission. Violation of conditions may lead to bail cancellation.