The Calcutta High Court has granted interim bail to a woman accused in a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act after taking note of her advanced pregnancy and the expected date of delivery. While acknowledging the seriousness of the allegations and the strict conditions governing bail under the NDPS Act, the Court held that humanitarian considerations required immediate attention in the peculiar facts of the case.
Background of the Case
The matter arose from CRM (NDPS) 1437 of 2026, filed by Shaista Khan seeking bail in connection with an NDPS case registered by the Narcotics Control Bureau (NCB). The petitioner had been in custody since April 2026 and based her bail plea solely on her advanced pregnancy, stating that her expected date of delivery was 13 August 2026. Medical records and a report submitted by the NCB confirmed the stage of her pregnancy and her ongoing medical treatment.
The NCB opposed the plea, arguing that the petitioner was receiving proper medical care at a government hospital under the supervision of prison authorities. It also pointed to the gravity of the allegations and submitted that the investigation was still in progress. According to the agency, releasing the petitioner at that stage could adversely affect the ongoing investigation.
Court's Observations
Justice Tirthankar Ghosh examined several decisions of the Supreme Court and various High Courts concerning pregnant women in custody. The Court noted that pregnancy is a special circumstance requiring humane consideration and referred to precedents recognising the dignity of an expectant mother and the welfare of an unborn child.
The bench observed:
“Pregnancy of a woman is a special circumstance... the interest of the child is also to be taken into consideration.”
The Court also took note of Supreme Court guidelines stating that, as far as possible, arrangements should be made to enable an expectant prisoner to deliver her child outside prison unless exceptional security concerns exist.
At the same time, the Court recognised that the allegations involved serious offences under the NDPS Act and that Section 37 imposes stringent conditions before bail can be granted. The Court considered the submissions regarding the ongoing investigation, the nature of the alleged recovery, and the prosecution's reliance on Supreme Court decisions emphasizing the rigour of Section 37.
Court's Decision
After considering the competing concerns, the High Court concluded that the petitioner's advanced pregnancy constituted a humanitarian circumstance warranting temporary relief.
Without expressing any opinion on the merits of the allegations, the Court granted interim bail subject to appropriate terms and conditions, while ensuring that the investigation and legal proceedings could continue in accordance with law.
The Court made it clear that its decision was based on the peculiar medical circumstances of the case and not on an assessment of the merits of the prosecution case.
Case Details
Case Title: Shaista Khan v. The Union of India
Case Number: CRM (NDPS) 1437 of 2026
Judge: Justice Tirthankar Ghosh
Decision Date: 16 July 2026
