STATE OF MEGHALAYA Vs. LALRINTLUANGA SAILO

JUDGEMENT

(1.) The State of Meghalaya filed the captioned Special Leave Petition challenging the order dtd. 29/9/2023 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 8/2/2023 for offences under Ss. 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 16/3/2023 onwards, Smt. X was in judicial custody in connection with the crime bearing FIR No.22(03)2023 registered at Khliehriat Police Station under Ss. 21(c)/29 of the NDPS Act and her formal arrest in the subject Crime was recorded on 11/4/2023 during such custody. While so, as per the order dtd. 27/6/2023, 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 29/9/2023 in connection with FIR No.06(02)23, sans satisfactory consideration of the twin conditions under Sec. 37(1)(b)(ii) of the NDPS Act that constrained the State to approach this Court with the captioned Special Leave Petition. As a matter of fact, the bail application that culminated in the said order dtd. 29/9/2023 was moved by the son of the accused-Smt.X, on her behalf.