'Can Ignore Gravity Of Offence For Time Being', P&H High Court Grants Bail To Advanced-Stage Pregnant Woman Accused In NDPS Case

The Punjab & Haryana High Court recently granted bail to a woman, accused under the NDPS Act, who is at the advanced stage of pregnancy, observing that "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."

Justice Deepak Gupta said, "although the petitioner is alleged to have been found in possession of the contraband falling in the commercial category, pregnancy of a woman is a special circumstance, in which the gravity of the offence for the time being is liable to be ignored."

Adding that dignity is liable to be ensured to a pregnant woman, given fundamental right enshrined under Article 21 of the Constitution guaranteeing life and liberty, the Court said, "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."

The Court was seized of a second bail petition under Section 439 CrPC in a case pertaining to Section 15 of the NDPS Act.

It was alleged that 55 Kg of poppy husk was recovered from the possession of the petitioner and a co-accused along with drug money of Rs.70,000.

The counsel for the petitioner contended that the petitioner had earlier applied for regular bail but at that time she was not aware of her pregnancy and that the earlier petition was dismissed as withdrawn. He further submitted that the petitioner is now at an advanced stage of pregnancy.

Considering the submissions, the Court opined, that although the petitioner is alleged to have been found in possession of contraband falling into the commercial category, the pregnancy of a woman is a special circumstance in which the gravity of the offence, for the time being, is liable to be ignored.

It further said that giving birth to a child while in custody is not only traumatic to the mother but also to the child to be born because the psyche of a child will always have an adverse impact, as and when said child is questioned about his birth.

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, the Court added.

Justice Gupta clarified that no doubt that Section 37 of the NDPS Act creates a fetter on the grant of bail in such 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.

While noting that proper delivery of the petitioner is required under medical care, the Court said "Petition is allowed."

In light of the above. the Court granted interim bail for six months from the date of her actual release.

Appearance: Raj Kumar Gupta, Advocate for the petitioner.

Parneet Singh Pandher, AAG, Punjab.

Citation: 2023 LiveLaw (PH) 278

Case Title: Amanjot Kaur v. State of Punjab

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