Tripura HC grants bail to HIV-positive NDPS accused

Agartala: Imposing four conditions, Tripura High Court has granted bail to a person accused under the Narcotic Drugs and Psychotropic Substances Act (NDPS) who has been suffering from HIV.

The Court further in his order said that the person Nikhil Sarkar deserves the benefit of granting bail since he is entitled to lead a life with all dignity in an environment that would be congenial to him.

The order of the High Court further reads that the accused person was arrested on April 15 of 2024 in connection with an NDPS Act at Lefunga Police Station under West District. 

“The accused was detained in police custody from April 15 to June 24. Thereafter, the accused-person was sent to judicial custody. During judicial custody, the accused was tested HIV positive. He was sent to the hospital for treatment, and accordingly, the doctors started his treatment”, the order reads.

The order further said that the Additional Public Prosecutor has submitted before HC that the doctors opined that the condition of the accused is outstanding and he is responding to the treatment and has opposed the bail application in view of the rigors of Section 37 of the NDPS Act. 

While, the counsel for the accused person J Bhattacharjee, has produced some bail orders wherein the Supreme Court granted bail to the accused of NDPS cases who had been suffering from HIV. 

“I have considered the submission of learned counsel as well as the fact that the accused has been suffering from HIV positive. I have kept in mind the rigors of Section 37 of the NDPS Act”, the order of High Court reads.

After hearing, Justice Arindam Lodh of the High Court of Tripura, said, “I have considered the submission of learned counsel as well as the fact that the accused has been suffering from HIV positive. I have kept in mind the rigors of Section 37 of the NDPS Act. In my opinion, the accused has been found to be HIV positive, even though the jail authorities have claimed that adequate treatment will be provided to him. but, considering the condition of the accused, he deserves the benefit of granting bail since he is entitled to lead a life with all dignity in an environment that would be congenial to him, and needless to say, it is not possible in jail. Furthermore, since the accused has been suffering from HIV, it is my reasonable belief that the accused will not involve himself in the trading of any contraband articles in the future. On such belief, I am inclined to release the accused on bail”.
The accused person was released on bail on furnishing a bail bond of Rs.1 lakh.

“The Accused will not abscond or tamper with the evidence or witnesses, he shall cooperate with the process of investigation as and when necessary by the Investigating Officer, he shall make himself available to the court as and when will be summoned by the court during the course of trial, the accused shall not leave the jurisdiction of the Special Judge, West Tripura without prior permission of the said Court”, the order added.