Bail in narcotic prosecution granted despite commercial quantity restrictions, considering the accused's HIV-related medical condition and safeguards.

Strict bail restrictions under the narcotic law for commercial quantity offences were balanced against constitutional protection of life and liberty, and the accused's HIV-related medical condition was treated as a special consideration. The court noted the need for treatment in a congenial environment and held that release on bail could be justified subject to safeguards against absconding, interference with evidence, and non-cooperation with trial. Bail was granted on specified conditions.

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Issues: Whether bail should be granted to an accused facing prosecution under the narcotic law in view of the statutory rigours and the accused's HIV-related medical condition.

Analysis: The order notes that the accused is suffering from HIV and requires treatment in a congenial environment. It also recognises the strict application of the statutory bail restrictions in cases involving commercial quantity of contraband, while balancing them against the protection of life and liberty under the Constitution. The medical condition of the accused and the need for proper care were treated as special considerations supporting release on bail, subject to safeguards against absconding, interference with evidence, and non-cooperation with the trial.

Conclusion: Bail was granted to the accused on specified conditions.

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