Tripura High Court: Arindam Lodh, J., granted bail to a man, arrested on 15-04-2024 under Sections 20(b)(ii)(C), 21(c), 25, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’) after noting that the accused was tested HIV positive.
The accused was detained in police custody since 15-04-2024 to 24-06-2024 and thereafter, the accused was sent to judicial custody. During judicial custody, the accused was tested HIV positive and thus, he was sent to the hospital for treatment.
Respondent submitted that the doctors opined that the condition of the accused was outstanding, and he was responding to the treatment. However, he opposed the bail application in view of the rigors of Section 37 of the NDPS Act.
The Court opined that as the accused had been found to be HIV positive and even though the jail authorities had claimed that adequate treatment would be provided to him, but, considering the condition of the accused, he deserved the benefit of granting bail since he was entitled to lead a life with all dignity in an environment that would be congenial to him, which was not possible in jail.
The Court also opined that since the accused had been suffering from HIV, the accused would not involve himself in the trading of any contraband articles in future. Thus, the Court released the accused on bail.
[X v. State of Tripura, 2024 SCC OnLine Tri 455, decided on 05-07-2024]
Advocates who appeared in this case:
For the Applicant(s): J. Bhattacharjee, Sajib Ghosh, Advocates
For the Respondent(s): S. Ghosh, Addl. PP
