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2023 Supreme(P&H) 1655

DEEPAK GUPTA
Amanjot Kaur – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
For the Parties : Mr. Raj Kumar Gupta, Mr. Parneet Singh Pandher AAG, Punjab

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The petitioner, a pregnant woman, sought interim bail on medical grounds due to her pregnancy and the need for proper medical care for delivery (!) (!) .

  2. She was found in possession of contraband (55 kg of poppy husk) along with drug money, and the case is registered under the NDPS Act (!) .

  3. The court recognized that pregnancy constitutes a special circumstance that warrants consideration for bail, notwithstanding the serious nature of the offence and the restrictions under Section 37 of the NDPS Act [judgement_subject].

  4. The court emphasized that the fundamental rights under Article 21 of the Constitution of India, which guarantees the right to life and liberty, support granting bail in such humanitarian circumstances [judgement_subject].

  5. The court acknowledged that giving birth while in custody can have traumatic impacts on both mother and child, and that the child's welfare and dignity must be protected [paras 5].

  6. Although Section 37 of the NDPS Act generally restricts bail in cases involving commercial quantities of contraband, it does not act as an absolute or blanket ban when humanitarian grounds, such as pregnancy, are involved [paras 5].

  7. The court granted interim bail for a period of six months, subject to usual terms and conditions, considering the medical needs of the petitioner and the special circumstances of her pregnancy (!) .

  8. The decision underscores that the humanitarian grounds of pregnancy can override usual restrictions on bail under the NDPS Act, emphasizing the importance of medical care and the rights of the pregnant woman [judgement_subject].

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Judgment

Mr. Deepak Gupta, J.

The petitioner is seeking interim bail for 06 months on medical grounds by way of this 2nd petition filed under Section 439 Cr.P.C in case FIR No.114 dated 02.06.2023 registered under Section 15 of NDPS Act, 1985 registered at Police Station Samrala, District Ludhiana.

2. As per the allegations 55 Kg of poppy husk was recovered from the possession of petitioner and co-accused Gurjit Singh @ Jit along with drug money of Rs.70,000/-.

3. Learned counsel for the petitioner contends that petitioner had earlier applied for regular bail but at that time she was not aware about her pregnancy and that the earlier petition was dismissed as withdrawn. Learned counsel further contends that petitioner is now at an advance stage of pregnancy. She already has two daughters aged 13 years and 01 year & 03 months. The last delivery of the petitioner was conducted by way of Caesarean as complications of infection had arisen. Proper treatment of the petitioner is required for delivery.

4. Reply by way of short affidavit of Shri Amar Singh, PPS, Deputy Superintendent Administration Women Jail, Ludhiana along with medical report has been filed on behalf of respondent- State, as

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