Lord Krishna Was The Eighth Child: Apex Court Remarks As Union Opposes Bail Plea Of NDPS Case Accused Who Delivered Her Fourth Child

The Supreme Court has extended interim bail granted to Alfiya Faisal Shaikh, a woman booked under the Narcotic Drugs and Psychotropic Substances Act, 1985, by six months. The woman was already on interim bail to deliver and take care of her fourth child. The Union of India opposed the grant of regular bail stating that it was the fourth child that the Petitioner had delivered. It was then that the Court said that no child should inherit the crime of the parent and the Court referred to Lord Krishna being born as the eighth child.    

The Bench of Justice MM Sundresh and Justice Aravind Kumar ordered, "We are not inclined to interfere with the impugned judgment on merits.. However, in light of the fact, that the appellant is a lady having an infant child, we are inclined to extend the interim bail granted to her for a further period of six months. Disposed of accordingly,"

At the outset, the Counsel for the Appellant informed the Court that there was an interim order operating. 

Additional Solicitor General (ASG), Aishwarya Bhati, appeared for the Union of India and contended, "There are very serious issues with the offence; if my Lords are going to consider on the medical grounds, then my respectful submission would be that my lords may consider calling for a medical report because now it has been six months since the delivery."

Justice Sundresh pointed out that under Section 437 of the CrPC, there is an exemption for a lady. "The child is just six months old. Our worry is that the child will inherit the crime", he said.

ASG Bhati submitted that this is the fourth child of Shaikh. 

To this, Justice Sundresh remarked, "That's alright; a child is a child. We may not know, Lord Krishna was also the eighth child. He (the child of the Petitioner) might be a saviour for the country."

ASG Bhati contended that the present case is a serious issue of "drug trafficking." She clarified that it is not a case of an individual drug carrier. 

To this submission, Justice Kumar said, "It was not seized from her. It was seized from her husband. She only said that it is on the second floor of the house, while she was staying on the ground floor."

The ASG stated that the drugs were seized from the house, and the lady was the one who had hidden them. "There is one crore ten lakh rupees also seized from the house," the ASG submitted. She further added that the husband has many criminal antecedents. 

ASG Bhati requested the Court to consider the plea only on medical grounds, and submitted that, on merits, the lady has links with Dawood Ibrahim's associates as well. Terming the issue "very serious" she pointed out the amount of wealth there was in the name of the lady and her husband. 

Taking note of the submission of the Counsels, the Court said, "We will give you some protection that's all, because you are a lady with a child."

Pertinently, on January 15, the Bombay High Court had granted an interim bail of two months to Alfiya Faisal Shaikh, a woman booked under the Narcotic Drugs and Psychotropic Substances Act, 1985, to allow her to deliver her baby. The Narcotics Control Bureau (NCB) had seized 5 kg of a white substance, purported to be mephedrone (MD), from one Shamiya Khan on June 9, 2023. It was alleged that Alfiya and her husband supplied the substance to Shamiya. During a subsequent search at Alfiya’s residence, she disclosed that she had concealed a packet containing 15 kg of MD in the building. The substance was recovered in the presence of officials and public witnesses.

At the time of her arrest, Alfiya was two months pregnant. She had filed an application for bail on medical grounds, which was initially rejected by the Special NDPS Judge, after which she filed an appeal before the High Court.

"A prisoner is entitled to the dignity which the situation demands. Giving birth to a child in the prison may have consequences not only to the mother but the child as well. Ordinarily, a situation of this nature where a lady is carrying advanced pregnancy, deserves most humane consideration," the High Court had observed, while granting her bail. 

Cause Title: Alfiya Faisal Shaikh V. Union of India and Anr. [SLP (Crl) No. 3955/2024]