Introduction:

In the case of  Amanjot Kaur v. State of Punjab, the Punjab & Haryana High Court grappled with a bail plea under Section 439 CrPC concerning Section 15 of the NDPS Act. A pregnant woman, accused of possessing a significant quantity of contraband, sought bail, emphasizing her advanced stage of pregnancy. Justice Deepak Gupta, acknowledging the significance of the mother’s dignity and the unborn child’s future psychological well-being, deliberated on the delicate balance between the gravity of the offense and the compassionate consideration for a pregnant woman.

Arguments:

The petitioner’s counsel highlighted the petitioner’s unawareness of her pregnancy during an earlier bail plea’s dismissal. Stressing her current advanced stage of pregnancy, the plea underscored the exceptional circumstance of impending motherhood against the backdrop of the alleged offense involving possession of poppy husk and drug-related money. The State counsel, while recognizing the seriousness of the charges, weighed the statutory limitations imposed by Section 37 of the NDPS Act against the humanitarian grounds cited for bail.

Court’s Judgement: 

Justice Deepak Gupta, cognizant of the statutory constraints in cases concerning contraband possession, emphasized the unique situation of a pregnant woman in custody. The Court emphasized the paramount importance of Article 21’s guarantee of life and liberty, asserting that the trauma to both mother and child during birth in custody warranted special consideration. Acknowledging the fetter imposed by Section 37 of the NDPS Act, the Court held that humanitarian grounds could override it, allowing for interim bail for six months post the petitioner’s actual release. The judgment prioritized the maternal rights and the unborn child’s well-being, advocating for the necessity of medical care during delivery.