Supreme Court declines bail to NDPS case accused suffering from HIV/AIDS

New Delhi: The Supreme Court has rejected a plea by a man, seeking bail since he suffers from AIDS, after having noted that he was twice convicted under the provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The court reinforced the state's responsibility toward HIV-positive prisoners while maintaining strict bail conditions.

A bench of Justices Bela M Trivedi and Prasanna B Varale took into consideration the observations made in the case of the State of Meghalaya Vs Lalrintluanga Sailo & Anr (2023), and the fact that the petitioner is already being treated at the ART Centre, Dr Sushila Tiwari Government Hospital, Haldwani, as per the provisions contained in Section 14 of the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017.

Section 14 of the HIV/AIDS Act mandates both central and state governments to provide anti-retroviral therapy and opportunistic infection management, reinforcing the state's comprehensive responsibility towards HIV-positive individuals in custody.

"We are not inclined to interfere with the Uttarakhand High Court's order of July 5, 2024. It is also required to be noted that the petitioner has already been convicted twice for the offence under the NDPS Act. Hence, the Special Leave Petition is dismissed," the bench said.

Senior advocate P B Suresh and advocate Vipin Nair, appearing for the petitioner, placed reliance on the provisions contained in the 2017 Act, particularly, on Section 31 and Section 40, to content that the petitioner, who is in care and custody of the State, is required to be given the treatment as contained in said provisions.

The counsel emphasised that Sections 31 and 40 placed a clear responsibility on the state for medical treatment, including ensuring access to appropriate hospital care as per the medical regime provided in the Act.

The State counsel, on the other hand, submitted that the petitioner is already being taken care of by the jail authorities, and as per the certificate issued by the Senior Medical Officer, Sub-Jail, Haldwani, the petitioner is under treatment at the ART Centre, Dr Sushila Tiwari Government Hospital, Haldwani, which is in accordance with said Act.

He also relied upon the Lalrintluanga Sailo case to submit that in a similar case, the same court had not granted the bail.

However, the decision in question was sought to be distinguished by the senior counsel for the petitioner by stating that in the case of Bhawani Singh Vs State of Rajasthan (2022), which was also referred by the coordinate bench in the case of Lalrintluanga Sailo, the bail was granted by the court on the ground that the petitioner was suffering from HIV disease.

The court, however, refused any relief, clarifying, "It goes without saying that the petitioner shall be treated properly by the jail authorities and in case of need, shall be taken to the appropriate hospital, as may be permissible under the law."