In a noteworthy ruling, the Bombay High Court, Nagpur Bench, granted six months of temporary bail to a pregnant prisoner charged under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The court observed that delivering a child in prison would negatively impact both the mother and the newborn, necessitating her release on humanitarian grounds.
Background
The petitioner was arrested during a raid on a train in Gondia district earlier this year. Police recovered a commercial quantity of ganja, amounting to over 33 kilograms, concealed under seats and in luggage. The petitioner, in possession of over 7 kilograms of the contraband, has been in custody since April 2024.
At the time of her arrest, she was in the early stages of pregnancy, which has now advanced to a critical phase. The defense submitted that jail facilities are insufficient to provide adequate care during childbirth and that delivering a baby in prison would have severe emotional and physical consequences.
Legal Issues
The prosecution opposed the bail application, citing Section 37 of the NDPS Act, which imposes stringent conditions for bail in cases involving commercial quantities of drugs. The state argued that the nature of the offense and the quantity recovered necessitated continued custody to ensure justice and public safety.
Court’s Key Observations
Justice Urmila Joshi-Phalke, while granting bail, referred to guidelines issued by the Supreme Court in similar cases concerning pregnant prisoners. These include allowing expectant mothers temporary release to ensure humane treatment and prevent adverse effects on both the mother and child.
– On the Impact of Jail Delivery: The court noted, “Delivering a child during pregnancy in jail would certainly impact not only the applicant but also the child, which cannot be lost sight of. Every person is entitled to dignity, including prisoners.”
– On Humanitarian Grounds: Highlighting the need for compassion, the court stated, “Humane considerations require temporary release to enable the delivery to take place outside the prison.”
The court also referred to the Supreme Court’s decision in R.D. Upadhyay v. State of A.P., which mandates that arrangements be made for pregnant prisoners to deliver outside jail unless there is a high security risk.
The Bail Order
The petitioner has been granted bail for six months on the execution of a personal bond of ₹50,000 with sureties. The court laid down conditions to ensure compliance, including:
1. Submission of contact details and address.
2. A ban on influencing witnesses or tampering with evidence.
3. Prohibition of engaging in similar activities during the bail period.
