THE STATE OF MEGHALAYA versus LALRINTLUANGA SAILO & ANR.

THE STATE OF MEGHALAYA versus LALRINTLUANGA SAILO & ANR.

The High Court's grant of bail was set aside because it failed to apply the mandatory requirements of Section 37(1)(b)(ii) of the NDPS Act; where the accused was involved in NDPS offences on more than one occasion and the contraband amount (1.040 kgs heroin) was well above commercial quantity, the twin conditions of Section 37 were not satisfied and bail could not be granted solely on the ground that the accused was HIV positive; the accused must surrender and the trial court shall expedite the trial and cancel bail bond and discharge sureties upon production.

Parties
Petitioner: State of Meghalaya; Respondent: Lalrintluanga Sailo
Jurisdiction
India
Judgment Date
16 July 2024
Procedural Posture
Special Leave to Appeal (crl.) No. 16021 of 2023 / Special Leave Petition Disposed of
Outcome
Impugned High Court order dated 29.09.2023 set aside; Special Leave Petition disposed of.
Legal Topics
Section 37(1)(b)(ii) NDPS Act, Twin Conditions for Bail Under NDPS Act, Commercial Quantity, HIV Positive Accused, Priority Disposal of Proceedings Under Section 34(2) HIV Act, Cancellation of Bail Bond and Sureties
Criminal Law Bail Narcotic Drugs and Psychotropic Substances Act, 1985 Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (prevention and Control) Act, 2017 Code of Criminal Procedure, 1973 Section 37(1)(b)(ii) NDPS Act Twin Conditions for Bail Under NDPS Act Commercial Quantity +3 more

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Parties

State of Meghalaya

Petitioner

Lalrintluanga Sailo

Respondent

Procedural Posture

Special Leave to Appeal (crl.) No. 16021 of 2023 / Special Leave Petition Disposed of

Legal Issues

  1. 1 Whether the High Court erred in granting bail to the accused solely on the ground that she was HIV positive without adverting to the mandate under Section 37(1)(b)(ii) of the NDPS Act
  2. 2 Whether the twin conditions under Section 37(1)(b)(ii) NDPS Act were satisfied in view of the accused's involvement on more than one occasion and the quantity of contraband being 1.040 kgs of heroin, above commercial quantity

Ratio Decidendi

The High Court's grant of bail was set aside because it failed to apply the mandatory requirements of Section 37(1)(b)(ii) of the NDPS Act; where the accused was involved in NDPS offences on more than one occasion and the contraband amount (1.040 kgs heroin) was well above commercial quantity, the twin conditions of Section 37 were not satisfied and bail could not be granted solely on the ground that the accused was HIV positive; the accused must surrender and the trial court shall expedite the trial and cancel bail bond and discharge sureties upon production.

Court Disposition

Impugned High Court order dated 29.09.2023 set aside; Special Leave Petition disposed of.

Orders

  • Impugned order dated 29.09.2023 granting bail set aside
  • Accused (Smt. X) shall surrender before the trial court within one week or be taken into custody in accordance with law