In Brief
The State of Meghalaya challenged a bail order granted to an HIV-positive woman accused of drug trafficking under the NDPS Act (1.04 kg of heroin). The High Court had granted bail solely because the accused was HIV-positive, without considering the mandatory statutory conditions under Section 37(1)(b)(ii) of the NDPS Act. The Supreme Court held that bail in NDPS cases involving commercial quantities requires courts to find reasonable grounds that the accused is not guilty and not likely to re-offend—conditions that are cumulative and cannot be bypassed. Being HIV-positive, while entitling the accused to priority trial, does not substitute for these statutory safeguards. The Court set aside the bail order while confirming the accused's entitlement to expedited trial proceedings.
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