Calcutta High Court Grants Bail To Woman Accused In High-Value NDPS Case, Cites Advanced Stage Of Pregnancy

The Calcutta High Court has granted interim bail to a woman accused in a high-value narcotics trafficking case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, holding that while pregnancy is not by itself a ground for bail, humanitarian considerations relating to the health of the mother and the unborn child justified her temporary release.

Justice Tirthankar Ghosh passed the order in a bail application filed by Shaista Khan, who was arrested on April 4, 2026, in connection with an NCB case involving the alleged seizure of narcotic substances valued at approximately ₹63 crore. The petitioner sought bail solely on the ground that she was in an advanced stage of pregnancy, with her expected date of delivery fixed as August 13, 2026.

The Narcotics Control Bureau opposed the plea, contending that commercial quantities of narcotic drugs had been recovered from multiple locations linked to the petitioner, including MDMA tablets, cocaine, LSD, amphetamine, ganja and tramadol capsules. It argued that the investigation was still underway, involved international links, and that releasing the petitioner could jeopardise efforts to uncover the larger conspiracy.

The prosecution also relied upon Section 37 of the NDPS Act, which imposes stringent conditions for grant of bail in cases involving commercial quantities, and cited Supreme Court precedents stressing that those statutory restrictions cannot be diluted merely on medical grounds.

On the other hand, the petitioner relied upon decisions of the Supreme Court and various High Courts where interim or regular bail had been granted to pregnant women on humanitarian grounds. She also referred to the Supreme Court's decision in R.D. Upadhyay v. State of Andhra Pradesh, which emphasises adequate prenatal and postnatal care for women prisoners and, wherever possible, temporary release to facilitate childbirth outside prison.

After considering the rival submissions, the Court observed that the gravity of the allegations and the material collected by the investigating agency could not be ignored. It noted that searches had yielded substantial quantities of different narcotic substances from multiple locations and that the petitioner's alleged complicity could not be ruled out at this stage.

However, the Court also found that the investigation was complex and likely to consume considerable time, particularly as international agencies were yet to furnish responses sought by the NCB. At the same time, it was undisputed that the petitioner was in an advanced stage of pregnancy.

Justice Ghosh clarified that pregnancy does not automatically entitle an accused to bail. Nevertheless, the Court held that the circumstances required a humanitarian approach.

The Court observed: "Although, pregnancy is not an automatic ground for releasing the petitioner on bail but having regard to the time which will be consumed in the present investigation and the admitted position that there are concerns of the mother's life and health as also the viability and interest of the foetus... I am inclined to release the petitioner on interim bail."

Accordingly, the High Court directed that the petitioner be released on interim bail until September 21, 2026, subject to stringent conditions to be imposed by the Special Court. These include surrender of her passport, restriction on leaving the jurisdiction of the Kolkata Municipal Corporation, sharing a mobile number, enabling location tracking through Google Maps, informing the investigating officer about the hospital where she intends to deliver, and remaining available for surprise checks by the investigating agency. She has also been directed to surrender before the Special Court on September 22, 2026.

Case: Shaista Khan v. Union of India, CRM (NDPS) 1437 of 2026.

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