Gujarat High Court Grants Bail To NDPS Accused In Custody Along With Her Child

The Gujarat High Court granted bail to an NDPS accused who was found in possession of a contraband, after noting that she had three minor children wherein one of them was presently with her in judicial custody.

Though the court "prima facie" noted that the offence was serious and her as the person in conscious possession of the contraband cannot be ignored, the court noted that she had no criminal antecedents, is a woman accused and the twin conditions for grant of bail under Section 37(1)(b)(ii) NDPS Act were fulfilled.

As per the provision, the court can grant bail where it is satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence and that they are not likely to commit any offence while on bail.

The petitioner was booked under Sections 8(c)(prohibition on production, manufacture, possession, sale, import, consumption etc., of drugs and psychotropic substance), 22(c) (contravention for psychotropic substances involving commercial quantity) and 29 (Punishment for abetment and criminal conspiracy) NDPS Act.

Justice Nikhil S Kariel in his order noted that while the petitioner contended that she was only a career of the contraband–'Mephedrone' weighing 72 grams, from the FIR it clearly appeared that the said version is one given by the petitioner. The court also noted that the role attributed to the petitioner was different to that attributed to the co-accused who were already enlarged on bail.

It however said:

"Having observed hereinabove, yet this Court has considered the fact that present applicant is a lady accused, having three minor children and whereas it also appears that one child of the present applicant is with the present applicant in judicial custody. It also appears that the applicant is in custody since 07.06.2024 i.e. almost a period of 22 months. This Court has also noticed that the present applicant does not have any antecedent.

Considering the above, while it prima facie appears to this Court that the offence is very serious and the role of the present applicant as the person in conscious possession of the contraband cannot be ignored, yet considering that the applicant does not have any antecedents, being a lady accused, therefore, twin requirement under Section 37(1)(b)(ii) of the NDPS Act being fulfilled, this Court is inclined to consider this application, albeit, with appropriate safeguards".

The court thus granted bail to the petitioner on her executing a bond of Rs.25,000 with one surety of like amount, subject to certain conditions.

The petitioner had argued that the FIR itself reveals that the petitioner had acted as carrier for Rs.5000, and that the sender of the contraband was the petitioner's uncle and the proposed receiver was petitioner's aunt. Both the sender and proposed receiver have been enlarged on regular bail. Thus considering the role of the petitioner as a carrier and considering that the co-accused have been released, the petitioner be granted bail.

The counsel for the State argued that looking to the nature of offence and the role attributed to petitioner in the chargesheet, she may not be granted bail.

The court allowed the petition.

Case title: PRAVINBANU IBRAHIMBHAI SULTAN MAMREJ KURESHI v/s STATE OF GUJARAT

R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 8187 of 2026

Click Here To Read/Download Order