A single bench of Justice W Diengdoh of Meghalaya High Court granted bail to an accused woman who was booked under the NDPS Act (Narcotics Drugs and Psychotropic Substance Act, after finding that she is HIV (Human Immunodeficiency Virus) positive.
The court is in the view that special consideration should be given to the accused to get proper treatment.
“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 bench underscored that the bail can be granted only after court is satisfied that the person is not guilty of the offence, however, the bench while mentioning Article 21 of the constitution, observed that the accused woman has to undergo special treatment to prevent the aggravation of her condition.
Hence, considering the health of the accused woman, the bench granted bail.