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Synopsis

The Bombay High Court has recently granted bail to a woman booked in an NDPS case for 2 months allowing her to deliver her baby.

A single judge bench of Justice NJ Jamadar was hearing an application filed by one Alfiya Faisal Shaikh who was booked under the Narcotic Drugs and Psychotropic Substances Act, 1985 and sought bail on medical grounds as she is carrying an advanced pregnancy.

The Narcotics Control Bureau seized 5 kg. of “white colour substance” purported to be Mephedrone (MD) on 9th June 2023 from one Shamiya Khan. It was alleged that Alfiya and her husband had supplied the said substance to Shamiya.

After a search operation was conducted by the NCB at Alfiya’s residence she voluntarily disclosed that she had concealed a packet containing 15 kg. MD on the second floor of the said building behind the door, near the lift. The officials along with public witnesses visited the spot and recovered the substance.

At the time of arrest, Afliya was two months pregnant after which she filed an application before the Special NDPS Judge for release on bail which came to be rejected against which she filed an appeal before the high court.

The Union of India opposed the application and submitted that Alfiya was a habitual drug trafficker and in contact with international drug cartels and the release of the applicant on bail may cause serious repercussions on the prosecution case and there is also a likelihood of the applicant making herself scarce and tampering with the witnesses.

Afliya contended that she has had three earlier births by cesarean section and is exhibiting symptoms that are indicative of probable complications at the time of the delivery of the child. Therefore, on humanitarian grounds, Afliya sought to be released on temporary bail.

She also added that the prison, where she is incarcerated, is not equipped to provide the emergent medical care which the applicant imminently requires.

Responding to this, the Union submitted that Afliya can be provided the requisite medical treatment and care at a Government Hospital. It was submitted that the application does not deserve to be entertained especially having regard to the fact that Afilya and her entire family have been habitually indulging in drug trafficking.

The bench allowed the application while recording that the prisoner is entitled to dignity as the situation demands.

“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 order reads.

Case title: Alfiya Faisal Shaikh vs UOI & Anr