'Newborn Not Expected To Be Exposed To Prisons': Punjab & Haryana HC Grants Interim Bail To Pregnant Woman Accused In NDPS Case
The Punjab and Haryana High Court allowed a bail petition filed by a pregnant woman accused in NDPS case who sought interim bail for six months on medical grounds.
The court recognized the potential trauma for both the mother and the unborn child if the petitioner were to give birth while in custody, highlighting the adverse psychological impact on the child when questioned about their birth.
The petitioner was involved in a case registered under Section 15 of the NDPS Act, 1985. The allegations state that 55 kg of poppy husk was recovered from the petitioner's possession along with drug money amounting to `70,000/-.
A Bench of Justice Deepak Gupta held, “Although petitioner is alleged to have been found in possession of the contraband falling in commercial category but pregnancy of a woman is a special circumstance, in which the gravity of the offence for the time being is liable to be ignored. Giving birth to a child while in custody is not only traumatic to the mother but also to the child to be born because psyche of a child will always have an adverse impact, as and when said child is questioned about his birth.”
Advocate Raj Kumar Gupta appeared for the Petitioner and Advocate Parneet Singh Pandher appeared for the Respondent.
The petitioner's counsel argued that the petitioner, who was at an advanced stage of pregnancy, was not aware of her pregnancy during the earlier application for regular bail. The earlier petition was dismissed as withdrawn. The petitioner already has two daughters, aged 13 years and 01 year & 03 months, and her last delivery was conducted through Caesarean due to complications arising from infection. Proper medical treatment was required for the petitioner's delivery.
The Court acknowledged that while the petitioner was alleged to have been found in possession of contraband falling in the commercial category, the special circumstance of pregnancy should be considered. The Court emphasized the importance of ensuring the dignity of a pregnant woman, citing the fundamental right under Article 21 of the Constitution of India guaranteeing life and liberty. The Court added, “dignity is liable to be ensured to a pregnant woman, in view of fundamental right enshrined under Article 21 of the Constitution of India guaranteeing life and liberty. The interest of the child is also to be taken into consideration, who is not expected to be exposed to the prisons, unless and until it is found that there is grave danger in releasing the petitioner on bail. No doubt that Section 37 of the NDPS Act creates fetter on grant of bail in such like cases involving possession of contraband of commercial category but at the same time when bail is considered on humanitarian grounds, said Section 37 of the NDPS Act cannot be considered to act as a blanket ban on the power of the Court to grant interim bail.”
Although Section 37 of the NDPS Act restricts bail in cases involving contraband of commercial category, the Court asserted that, when bail is considered on humanitarian grounds, this section cannot act as a blanket ban on the court's power to grant interim bail.
The Court allowed the petition and granted the petitioner interim bail for a period of six months from the date of her actual release.
Cause Title: Amanjot Kaur v. State of Punjab, [2023:PHHC:157283]
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