Shaista Khan, accused under NDPS Act, receives bail on humanitarian grounds due to advanced pregnancy, with stringent conditions imposed.
In a significant legal development, the Calcutta High Court has granted interim bail to Shaista Khan, an accused in a major drug trafficking case involving contraband worth Rs. 63 crores. The decision was made on humanitarian grounds, considering her advanced stage of pregnancy and the associated health risks to both the mother and the unborn child.
The case, titled "Shaista Khan v. Union of India," was heard by Justice Tirthankar Ghosh, who evaluated the gravity of the offense under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, while also balancing the humanitarian concerns raised by the petitioner's pregnancy. The judgment emphasized that although pregnancy is not an automatic ground for bail, the advanced stage of pregnancy, along with potential health risks, warranted special consideration.
Shaista Khan was arrested on April 4, 2026, in connection with significant drug seizures made at multiple locations, including her residence. Despite the serious nature of the charges, which include sections 8(c), 20(b)(ii)(B), 21(C), and 29 of the NDPS Act, the court recognized the challenges and potential risks associated with childbirth in custody.
The court's decision was influenced by precedent cases where similar humanitarian grounds were considered. Notably, the court referred to the Supreme Court judgment in "Kamana Singh v. State of Uttar Pradesh," which also granted bail under similar circumstances. The court also referenced guidelines from "R.D. Upadhyay v. State of Andhra Pradesh," which address the treatment of pregnant women in custody.
As part of the bail conditions, Shaista Khan must surrender her passport, restrict her movements within the jurisdiction of the Kolkata Municipal Corporation, and be subject to continuous monitoring. She is also required to inform the investigating officer of her intended place of admission for delivery and any changes thereafter.
The Narcotic Control Bureau (NCB) opposed the bail, citing the gravity of the offense and the ongoing investigation, which involves international coordination. The court acknowledged these concerns but prioritized the immediate health needs and dignity of the pregnant accused.
The interim bail is effective until September 21, 2026, with an obligation for Khan to surrender to the jurisdictional special court by September 22, 2026. The court's decision underscores the balance between legal strictures and humanitarian considerations, particularly in cases involving vulnerable groups such as pregnant women.
Bottom line:-
Bail under NDPS Act, 1985 - Pregnancy of accused as a humanitarian ground - Court ordered interim bail considering advanced stage of pregnancy, health of mother, and risk to unborn child, subject to stringent conditions.
Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 8(c), 20(b)(ii)(B), 21(C), 29, 37
Shaista Khan v. Union of India, (Calcutta) : Law Finder Doc id # 2942453
