The Bombay High Court recently granted eight months interim bail to a woman booked in a case under the stringent Narcotics Drugs and Psychotropic Substances (NDPS) Act, after noting that her prematurely born eight-month-old daughter is in a precarious condition.

Single-judge Justice Milind Jadhav noted that the applicant Pooja Lal, delivered a pre-term child on January 9, 2026.

"Though this Court is not an expert in medicine but prima facie reading of the report clearly shows that the infant child which was born has a documented neo-natal history of respiratory distress and bronchopneumonia which requires prolonged NICU treatment. Such treatment was given to the infant but after three months the Applicant surrendered to the prison alongwith the child and since then she has been housed in prison alongwith her baby," the judge noted.

The judge further pointed out that the applicant was arrested while she possessed at least 6 kgs of cocaine and thus opined that there was a "substantial" case against her.

"Though there is a substantial case otherwise made out which can be gone into on merits, in the present scheme of things, I am inclined to consider the request made by the Applicant for grant of bail on humanitarian grounds..." Justice Jadhav made it clear.

The judge noted that the applicant was indicted in the instant case on the basis of the statements of some witnesses and other accused persons about Applicant's involvement earlier. The judge noted that she was not indicted in any antecedent offences earlier which prima facie, the court held, satisfies one of the rigors of Section 37 of the NDPS Act especially in the facts and circumstances of the present case where the Applicant is now required to provide care for her infant baby.

"The fact that the newborn infant is having a continuous illness is clearly seen on the basis of the infant having suffered a lower respiratory tract infection requiring medication and nebulization continuously and therefore, in the month of July-2026 onwards the infant baby girl was admitted to the hospital for breathlessness, fever and acute respiratory symptoms. Considering that Applicant is a woman and in the facts of the case where she is required to provide acute care and support to the infant child and she herself is required to take care of her own physiological self which is prima facie seen from the medical report which is placed before me as also, she is required to have an extra medical diet," the judge observed.

The bench also refused to accept the contention of the Directorate of Revenue Intelligence (DRI), which is the prosecution in the case, that the applicant will be regularly sent for follow-up to State-run JJ Hospital alongwith the infant child.

"The medical reports which are prima facie placed before me, clearly bear out the status of the infant girl child which by any human consideration needs to be protected rather provided with proper medical care. Though prosecution would persuade me that she will be taken well care of in the jail barracks and the hospital, I am unable to convince myself," the judge observed.

The judge further noted the contention of the prosecution that the rights of section 37 of the NDPS will apply in the present case as there are chances that the applicant may re-offend and indulge into drug peddling etc.

"However, the issue of the Applicant re-offending herself especially when she is required to provide care and support for her infant girl child is considered in the realm of welfare and development needs of children residing with incarcerated mothers. Though it is true that the State is required to provide care within the prison and it may not be understood as creating an absolute right for the mother to be enlarged on bail much less in derogation of the statutory embargo under Section 37 of the said Act, it should all depend and boil down to the facts of each and every particular case which may not be alike," the judge said.

Further, the judge made it clear that the health of the infant is critical and thus it would be more appropriate if she is brought up in the environs of the home and proper hospital care rather than jail especially when she is required to be repeatedly taken for medical checkups and care.

"In view of the precarious condition of her infant daughter who is 8 months old and who requires medical attention. In that view of the matter, I am inclined to grant interim bail to the Applicant for a period of 8 months from today," Justice Jadhav ordered.

Appearance:

Advocate Gaurav Sharma was appointed through Legal Aid to appear for Applicant.

Special Public Prosecutor Rushikesh Munde and Shatabdi Netke represented the Union of India.

Additional Public Prosecutor Rajeshree Newton represented the State