C. T. RAVIKUMAR, PRASHANT KUMAR MISHRA
State of Meghalaya – Appellant
Versus
Lalrintluanga Sailo – Respondent
Certainly. Based on the provided legal document, the key points are as follows:
When considering bail applications for accused persons involved in offences under the NDPS Act, a liberal approach that ignores the mandatory provisions of Section 37(1)(b)(ii) is not permissible. The court must record specific findings as mandated under Section 37 before granting bail, especially in cases involving commercial quantities of narcotic drugs or psychotropic substances (!) (!) .
The twin conditions under Section 37(1)(b)(ii) of the NDPS Act are cumulative and must be satisfied. These conditions require the court to be satisfied that there are reasonable grounds to believe the accused is not guilty of the offence and that the accused is not likely to commit any offence while on bail. Satisfaction must be based on reasonable grounds and cannot be bypassed (!) (!) .
The object of the NDPS Act is to regulate and control narcotic drugs and psychotropic substances stringently, with a focus on preventing illicit traffic and ensuring compliance with international conventions (!) .
In cases involving a significant quantity of contraband, particularly above the commercial threshold, the failure to consider the provisions of Section 37(1)(b)(ii) when granting bail is a serious lapse. Bail should not be granted solely on grounds such as the accused's health condition, especially when the involvement and quantity of contraband are substantial (!) .
The order granting bail without proper consideration of the statutory requirements can be set aside, and the accused may be directed to surrender to the trial court within a specified period. The court shall also cancel any bail bonds and discharge sureties upon the accused's surrender (!) .
The fact that an accused is HIV positive does not automatically justify bail, but such individuals are entitled to benefit under relevant provisions that prioritize their legal proceedings. The trial court must expedite the case and dispose of it on a priority basis, considering their health condition (!) (!) (!) .
Overall, adherence to statutory provisions and procedural safeguards is essential in bail matters under the NDPS Act, and non-compliance warrants judicial correction to uphold the integrity of the legal process (!) (!) .
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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.
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.22(03)2023 on the solitary ground of her being HIV positive.
3. It is the subsequent grant of bail on 29.09.2023 in connection with FIR No.06(02)23, sans satisfactory consideration of the twin conditions under Section 37(1)(b)(ii) of
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