Shillong, Oct 3: The Meghalaya High Court granted bail to a woman booked under the Narcotics Drugs and Psychotropic Substances Act (NDPS Act) because she was suffering from the human immunodeficiency virus (HIV) [X vs State of Meghalaya].

The order was passed by Justice W Diengdoh. He also said that Special consideration should be given so that the HIV-positive accused gets proper treatment in a congenial environment.

“The applicant 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,” the judge said.

While passing the order, the Meghalaya HC also recalled that in 1991, the Supreme Court had granted bail to the accused, who was suffering from HIV.

The accused woman, who has been granted bail, had been booked on allegations that she had been in possession of a commercial quantity of drugs.

HC also said that in such a case, bail can be granted under Section 37 of the NDPS Act (bail can be granted only after the court is after the the person is not guilty of the offence).

The judge also highlighted that Article 21 of the Constitution (life and personal liberty) of a person is equally important.

“However, it is also equally valid to say that the person who is undergoing such procedure is not only physically depressed but also mentally depressed,” the bench added.

The accused was released on bail on furnishing a surety of ₹1 lakh.

Also Read: Two-wheeler theft on the rise in Shillong; over 20 cases reported from Mawlai in one week

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