1. Case Background

• Crime: Possession of “Ganja” (Cannabis) in commercial quantity.
• Registration: Crime No. 92/2024 under Sections 20(b)(ii), 29, and 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
• Applicant's Status: Arrested on 30.04.2024, currently in jail, and in advanced pregnancy.

2. Incident Details

• Raid Location: Gondia Railway, Train No. 08327, Coach B-3.
• Recovery: Contraband hidden under seats; total 33.201 kg of “Ganja” worth ₹6,64,020/-.
• Applicant’s Possession: 7.061 kg recovered from a black bag.

3. State’s Opposition

• Grounds: Commercial quantity seized; rigorous Section 37 of NDPS Act applies.
• Investigation: Completed, chargesheet filed, compliance under Section 50 and proper procedures followed.

4. Applicant’s Grounds for Bail

• Humanitarian Reasons: Advanced pregnancy, probable complications during childbirth.
• Counsel's Argument: Prison lacks adequate medical care for emergent needs.

5. Legal Precedents and Guidelines

• Supreme Court Judgment: R.D. Upadhya v. State of A.P. (2007) 15 SCC 337.
  • Temporary release/parole recommended for pregnant prisoners unless they pose a security risk.
  • Humane considerations should guide decisions in cases involving childbirth in custody.

6. Court’s Observations

• Compliance: No contravention of procedural mandates (Section 50 NDPS Act).
• Human Dignity: Delivering a child in prison impacts both mother and child adversely.
• Security Assessment: Applicant does not pose a high security risk.

7. Court’s Conclusion

• Decision: Temporary bail granted for six months.
• Conditions: PR bond of ₹50,000, restriction on witness tampering, non-indulgence in similar activities, and submission of contact details.

Order:

• Temporary Bail: For six months, considering advanced pregnancy.
• Bond & Surety: PR bond of ₹50,000 with alternatives for cash security for two weeks.
• Additional Conditions: Non-interference with evidence, no repetition of offense, address submission.

Acts and Sections Discussed:

1. Narcotic Drugs and Psychotropic Substances Act, 1985

   • Section 20(b)(ii): Punishment for possession of cannabis in specified quantities.
   • Section 29: Punishment for abetment and criminal conspiracy.
   • Section 8(c): Prohibition of possession, purchase, sale, transport of narcotic substances.
   • Section 37: Restrictions on bail for offenses involving commercial quantities.
   • Section 50: Conditions for search of accused under NDPS Act.

2. Constitutional Considerations

   • Right to dignity and humane treatment under Article 21.

Ratio Decidendi:

The court balanced the severity of the offense under the NDPS Act with the humanitarian considerations of the applicant's advanced pregnancy, highlighting the importance of dignity and medical care for both the mother and the unborn child.

Subjects:

NDPS Act, Humanitarian Grounds for Bail, Pregnant Prisoners.

Temporary Bail, Pregnancy in Jail, Section 37 NDPS, R.D. Upadhya Guidelines, Human Dignity in Criminal Law.