High Court in Tripura grants bail to HIV Positive accused in NDPS case

The Tripura High Court recently granted bail to a man accused in a case under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), after noting that he has tested positive for the Human Immunodeficiency Virus (HIV).

Justice Arindam Lodh observed that, given his health condition, the accused should be allowed to remain in a congenial atmosphere which was not likely to be provided if he remains in jail.

"Even though the jail authorities have claimed that adequate treatment will be provided to him, but, considering the condition of the accused, he deserves the benefit of granting bail since he is entitled to lead a life with all dignity in an environment that would be congenial to him, and needless to say, it is not possible in jail," the Court's July 5 order said.

The judge also opined that it was unlikely that the accused would commit any other offence while he is out on bail.

"Since the accused has been suffering from HIV, it is my reasonable belief that the accused will not involve himself in the trading of any contraband articles in future. On such belief, I am inclined to release the accused on bail," the Court said.

The accused man had been arrested for allegedly possessing cannabis in April this year. He remained in police custody from April 15 till June 24, before he was sent to judicial custody.

While in judicial custody, he tested positive for HIV and was subsequently sent to a hospital for treatment.

The State told the Court that the accused was responding well to treatment and was in good condition.

It, therefore, opposed any grant of bail to the accused, more so in view of the stringent requirements of Section 37 of the NDPS Act for allowing bail to those accused of drug-related offences.

The Court, however, observed that even considering the provisions of Section 37 of the NDPS Act, the accused deserved to be released on bail, given his HIV-positive status.

The Court, therefore, allowed the release of the accused man on bail subject to his furnishing a bail bond of ₹1 lakh, with one surety of like amount.

Advocates J Bhattacharjee and Sajib Ghosh appeared for the accused. Additional Public Prosecutor S Ghost appeared for the State.

On a related note, the Himachal Pradesh High Court also recently granted bail to a man suffering from HIV and ancillary health issues, who had been arrested in connection with a cheating case.

In that case, however, bail was granted after the Court found that the jail authorities had failed to provide him with adequate medical health treatment and care.