Temporary bail may be granted on humanitarian grounds despite the rigour of the NDPS Act, considering the applicant's advanced pregnancy and health concerns.

JUDGMENT :

URMILA JOSHI-PHALKE, J.

1. The applicant, who is since date of arrest i.e. 30.4.2024 is in jail, seeks regular bail in Crime No. 92/2024 registered with the non-applicant/police station for offences under Sections 20(b)(ii), 29 and 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the NDPS Act).

2. The crime was registered as the Gondia Railway Security Force conducted a raid in Train No. 08327 (Sambalpur-Pune Express) and during the raid, in Coach No. B-3, beneath Seat Nos. 17, 18, 19, 20, and 21, contraband “Ganja” was recovered from five persons including the applicant.

3. Insofar as the applicant is concerned, contraband “Ganja” 7.061 kilograms, from a bag i.e. black colour pittu bag, was recovered in presence of panchas. It transpired that she and her husband along with other co-accused persons were carrying commercial quantity of “Ganja” of 33.201 kilograms worth of Rs.6,64,020/-.

4. As a follow up action, a search was conducted. Samples were obtained in presence of panchas. Seized contraband was forwarded to the Magistrate for inventory. Samples were forwarded to chemical analysis and the applicant was arrested. At the time of the arrest, she was two months pregnant. Now, she is carrying an advanced pregnancy and, therefore, the present application is filed.

5. The application is strongly opposed by the State on ground that during the course of investigation, commercial quantity of “Ganja” was found in possession of the applicant and other co-accused persons including her husband. Search and seizure were done. Inventory Report was also prepared and samples were forwarded to the Chemical Analyzer. The Investigating Officer recorded relevant statements of witnesses and submitted chargesheet against the applicant along with co-accused persons. Huge quantity of contraband was seized and the applicant was found transporting the same. In view of rigour under section 37 of the NDPS Act, the application deserves to be rejected.

6. Heard learned counsel Shri M.V. Rai for the applicant and learned Additional Public Prosecutor S.V. Narale for the State.

7. Learned counsel for the applicant submitted that in possession of the applicant only 7.061 kilograms of “Ganja” was seized, which is not commercial quantity. He submitted that the application is filed mainly on grounds that she is having an advanced stage of pregnancy and, therefore, for a limited period, she be released on bail. The applicant is exhibiting symptoms, which are indicative of probable complications at the time of delivery of child and, therefore, on humanitarian ground, the applicant deserves to be released on temporary bail. He further submitted that the applicant is in prison, which is not equipped to provide an emergent medical care which the applicant requires.

8. Per contra, learned Additional Public Prosecutor for the State submitted that a due care can be taken in the prison also and considering the commercial quantity of contraband article was found in possession of the applicant and in view of rigour under Section 37 of the NDPS Act, the application deserves to be rejected.

9. Having heard learned counsel for parties and perused material on record, it shows that there is no dispute that the applicant and her husband were found in possession of contraband article “Ganja” along with other co-accused persons. A commercial quantity of contraband was found in their possession. During investigation, the Investigating Officer collected samples in presence of panchas. The contraband articles were also forwarded to inventory. As far as compliance under Section 50 of the NDPS Act is concerned, the same was carried out. The Inventory Report shows quantity seized was commercial.

10. A settled position of law is that a person to be searched under the NDPS Act is required to be informed about his/ her right under Section 50 of the NDPS Act before he/she is searched and the same is mandatory requirement. Section 50 of the NDPS Act would be applicable in