LexTHE STATE OF MEGHALAYA versus LALRINTLUANGA SAILO & ANR.
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[2024] 7 S.C.R. 1314 : 2024 INSC 537 The State of Meghalaya v. Lalrintluanga Sailo & Anr. (Special Leave to Appeal (Crl.) No. 16021 of 2023) 16 July 2024 [C.T. Ravikumar and Prashant Kumar Mishra, JJ.] Issue for Consideration Whether the High Court erred in granting bail to the accused solely on the ground that she was suffering from HIV, without adverting to the mandate under Section 37(1)(b)(ii), NDPS Act, and without taking in view the quantity of the contraband substance. Headnotes† Bail – Narcotic Drugs and Psychotropic Substances Act, 1985 – s.37 – Recording a finding mandated u/s.37 is sine qua non for granting bail to accused under the Act – High Court erred in granting bail to accused solely on the ground that she was suffering from HIV, without adverting to the mandate u/s.37(1)(b)(ii), when accused was involved in offences under the Act on more than one occasion and quantity of contraband was much above the commercial quantity. Narcotic Drugs and Psychotropic Substances Act, 1985 – s.37 – Grant of bail to accused involved in offence under the Act – Twin conditions u/s.37(1)(b)(ii): Held: While considering the application for bail made by an accused involved in an offence under NDPS Act, a liberal approach ignoring the mandate under Section 37 of the NDPS Act is impermissible – Recording a finding mandated under Section 37 of the NDPS Act is sine qua non for granting bail to an accused under the NDPS Act – When the accused is involved in offences u/ss. 21(c)/29 of NDPS Act, on more than one occasion and when the quantity of the contraband substance viz., heroin is 1.040 Kgs, much above the commercial quantity, then the non-consideration of the provisions under Section 37, NDPS Act, has to be taken as a very serious lapse – Twin conditions under s.37 of NDPS Act, were not satisfied and on the sole reason that the accused was a HIV patient, she is not entitled to be released on bail – However, accused being HIV positive, is entitled to benefit u/s.34(2) of the [2024] 7 S.C.R. 1315 The State of Meghalaya v. Lalrintluanga Sailo & Anr. Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 – In view thereof the trial Court to take appropriate steps to expedite the trial on priority basis. [Paras 8,10,12,13] Case Law Cited Collector of Customs, New Delhi v. Ahmadalieva Nodira [2004] 2 SCR 1092 : (2004) 3 SCC 549; State of Kerala and Ors. v. Rajesh and Ors. [2020] 3 SCR 348 : (2020) 12 SCC 122 – relied on. Bhawani Singh v. State of Rajasthan, 2022 SCC OnLine SC 1991 – distinguished. List of Acts Narcotic Drugs and Psychotropic Substances Act, 1985; Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017; Code of Criminal Procedure, 1973. List of Keywords Bail; NDPS Act; Twin conditions; Contraband substance; Heroin; Commercial quantity; Accused suffering from HIV; Bail granted on solitary ground of HIV positive; Non-consideration of provisions under Section 37 NDPS Act. Case Arising From CRIMINAL APPELLATE JURISDICTION: Special Leave To Appeal (Crl.) No. 16021 of 2023 From the Judgment and Order dated 29.09.2023 of the High Court of Meghalaya at Shillong in BA No. 38 of 2023 Appearances for Parties Amit Kumar, Sr. Adv., Avijit Mani Tripathi, Ms. Rekha Bakshi, T.K. Nayak, Ms. Marbiang Khongwir, Advs. for the Petitioner. Judgment / Order of the Supreme Court Order 1. The State of Meghalaya filed the captioned Special Leave Petition challenging the order dated 29.09.2023 passed in Bail Application No. 38/2023 by the High Court of Meghalaya at Shillong. 1316 [2024] 7 S.C.R. Digital Supreme Court Reports 2. FIR No.06(02)23 was registered against the respondent-accused (Smt. X) on 08.02.2023 for offences under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’). Anonymization as relates the identity of the respondent-accused as ‘Smt.X’ has been done, as she is Human Immunodeficiency Virus (HIV) positive. Virtually, from 16.03.2023 onwards, Smt. X was in judicial custody in connection with the crime bearing FIR No.22(03)2023 registered at Khliehriat Police Station under Sections 21(c)/29 of the NDPS Act and her formal arrest in the subject Crime was recorded on 11.04.2023 during such custody. While so, as per the order dated 27.06.2023, the High Court of Meghalaya at Shillong granted bail in connection with FIR No
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