MUMBAI: Bombay HC has released on bail for two months an accused arrested under the Narcotics Drugs and Psychotropic Substances (NDPS) Act, who is in an advanced stage of pregnancy. The bail has been granted so the undetrial may deliver her baby
. “A prisoner is entitled to the dignity which the situation demands. Giving birth to a child in 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 an advanced pregnancy, deserves most humane consideration,” Justice N J Jamadar said on Monday last week.
On June 9, Narcotics Control Bureau (NCB) seized 5kg of “white-colour substance” purported to be mephedrone from one Shamiya Khan in Dongri. The substance was allegedly supplied by Alfiya Shaikh and her hus- band, Faisal. During a search at her home, Alfiya allegedly led NCB to a 15kg packet hidden near the lift, and NCB found Rs 1.10 crore in cash and gold ornaments.
Alfiya, two months pregnant, was arrested. The special court declined her bail on medical grounds.
Alfiya’s advocate said she had three caesarean births and was exhibiting symptoms indicative of probable complication at the time of delivery. He said Byculla jail was not equipped to provide emergent medical care. NCB advocate said her application must not be entertained as, if released, she might tamper with evidence, threaten witnesses and even abscond.
Justice Jamadar referred to a SC 2007 verdict where it directed that as far as possible, arrangement for temporary release or parole should be made to enable an expectant prisoner to have her delivery outside prison.