In the case of Shaista Khan v. Union of India [CRM (NDPS) 1437 of 2026], Calcutta High Court granted interim bail to a pregnant woman accused in a narcotics case involving contraband valued at approximately ₹63 crore. The order was passed by Justice Tirthankar Ghosh on 16.07.2026.

The petitioner had been arrested on 04.04.2026 under Sections 8(c) read with 20(b)(ii)(B)/21(C)/29 of the NDPS Act, 1985, following seizures from three separate premises in Kolkata — including a large consignment of Ganja, MDMA, Cocaine, LSD, Amphetamine, and Tramadol capsules recovered from a Batanagar flat. Her husband was reportedly detained in the Philippines in connection with related offences.

The bail plea was confined solely to the ground of pregnancy — the petitioner was at an advanced stage, with her expected delivery date fixed at 13.08.2026. Medical records from S.S.K.M. Hospital’s Gynecology and Maternity OPD, corroborated by the NCB’s own report, confirmed the pregnancy and ongoing follow-up care under the Alipore Correctional Home Hospital.

The Court considered several earlier decisions before granting relief. The petitioner relied on judgments holding that pregnancy is a special circumstance that may justify bail, including Kamana Naykar v. State of U.P., Payel Mukherjee, Amanjot Kaur v. State of Punjab, Alfiya Faisal Shaikh v. Union of India, and the Supreme Court’s directions in R.D. Upadhyay v. State of A.P. on protecting the rights of pregnant prisoners. The NCB, however, relied on Chonghoi Haokip and State of Meghalaya v. Lalrintluanga Sailo to argue that the strict bail conditions under Section 37 of the NDPS Act cannot be relaxed solely because the accused is pregnant.

Here the Court held that although pregnancy is not an automatic ground for bail, four factors tilted the scales:

(i) the health of the mother;

(ii) availability of obstetric facilities in jail;

(iii) risk to the unborn child; and

(iv) the advanced stage of pregnancy

combined with the fact that the investigation, given its complexity (foreign-linked procurement, pending responses from Customs, Coastal Authority, Interpol, and overseas agencies), would take further time to conclude.

Interim bail was granted till 21.09.2026, subject to stringent conditions: surrender of passport, disclosure of a traceable mobile number, dropping a live location pin on Google Maps, confinement to the jurisdiction of Kolkata Municipal Corporation, mandatory disclosure of the nursing home/institute of admission (and any change of location) to the investigating officer, and liability to surprise checks by the investigating agency. The petitioner must physically surrender before the jurisdictional Special Court by 22.09.2026.

The Court clarified that the relief does not touch the merits of the prosecution’s case or affect the ongoing investigation — it is confined strictly to safeguarding the mother’s and unborn child’s health and well-being.

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Editorial Note: This article has been reviewed by the LegalRath Editorial Team to ensure legal accuracy, editorial quality, and clarity before publication.