The Meghalaya High Court has recently released a woman on bail who was charged under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) because she was found to be HIV (Human Immunodeficiency Positive). The court's decision took into consideration her HIV-positive status.

When issuing this directive, a panel led by Justice W. Diengdoh expressed the view that it was necessary to provide special consideration to her case, ensuring that she could receive appropriate treatment in a suitable and accommodating environment.

The Court also considered a previous Supreme Court ruling from the previous year, in which bail was granted to an accused individual who was dealing with HIV and appeared to have a compromised immune system.

In essence, the accused woman faced charges under the NDPS Act based on allegations that she had been found in possession of a significant quantity of drugs with the intent to distribute or sell them.

The Court observed that even though in such cases, the strict requirements of Section 37 must be followed, there are provisions within the law that allow the Court to turn to the principles of Article 21, emphasizing that the preservation of an individual's life and liberty is equally significant.

Considering the comprehensive medical report of the accused, the Court remarked that while it may be simplistically understood that HIV treatment is not precisely curative, it is essential to provide special medical care to prevent these patients from acquiring additional illnesses that could worsen their condition.

In its order, the Court emphasized that while the District Prison and Correctional Home authorities were making efforts to provide proper care for the patient even while in custody, it was crucial to recognize that such individuals are not only physically compromised but also mentally distressed.

In light of these considerations, the Court approved her bail, emphasizing that the bail decision did not conclude the case, but was granted solely to ensure that the accused would not flee. As a condition of her bail, she was instructed to provide a personal bond of ₹1,00,000/- along with one surety of equal value, to the satisfaction of the relevant court.