The Meghalaya High in the case X vs. State of Meghalaya and Anr. observed and has granted bail to a woman who is being booked under the Narcotics Drugs and Psychotropic Substances Act, NDPS as the court noted that she is Human Immunodeficiency Virus, HIV Positive.
The bench headed by Justice W Diengdoh in its order stated that this court is of the opinion that the special consideration was required to be given to her so that she could get proper treatment in an environment congenial to her.
The court in the case observed and also took into account an order of the Supreme Court passed last year, wherein the court granted bail to an accused who was suffering from HIV and appeared to be immuno-compromised.
In the present case, the Accused woman had been booked under the Narcotics Drugs and Psychotropic Substances Act, NDPS Act on an allegation that she had been in the possession of a commercial quantity of drugs.
It has also been noted by the said court that though in such kind of cases, the rigours of Section 37 are to be complied with, thus, there being the provisions for the Court to take refuge to the provisions under Article 21 of the Constitution of India to say that the life and liberty of a person is equally important.
The court in the case observed that though the in-layman’s terms, it can be understood that the treatment for HIV patients is not exactly treatment per se, however, in order to prevent such patients from contracting any ailments which would aggravate the situation, a special treatment is being required.
However, the said court also stressed that though the District Prison and Correctional Home authorities were doing their best in order to ensure that the patient was being looked after even while in custody.
It has also been required by the said court to acknowledge the fact that such persons are only physically depressed but also mentally depressed.
The court in the case observed and has granted the bail to her while adding that the grant of bail was not the end of the matter and the benefit was being given only to ensure that the accused would not abscond. With this, she was directed to furnish a personal bond for an amount of ₹ 1,00,000/- with one surety of like amount to the satisfaction of the court concerned.
