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Bombay High Court

POOJA LOVEPREET LALversusTHE UNION OF INDIA

Decided
Disposal
Allowed

Holding

The court granted interim bail for eight months on humanitarian grounds, subject to stringent conditions, without prejudice to the prosecution’s case.

Summary

Pooja Lovepreet Lal, a first‑time offender, was arrested for possession of 6 kg of cocaine under several provisions of the NDPS Act. After giving birth prematurely, her infant required prolonged NICU care for respiratory distress. The applicant sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, while the prosecution invoked the stringent bail restrictions of Section 37 of the NDPS Act. The court, noting the infant’s critical health, the applicant’s lack of prior record, and humanitarian considerations, granted interim bail for eight months with strict conditions, without addressing the merits of the criminal charge.

Issues considered

  • Whether bail may be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the stringent provisions of Section 37 of the NDPS Act.
  • Whether humanitarian grounds, specifically the health of the applicant’s newborn, outweigh the prosecution’s concerns of flight risk or tampering.
  • Whether the applicant poses a risk of re‑offending or influencing witnesses.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • humanitarian grounds
  • infant health
  • Section 37
  • Section 483
  • legal aid
  • drug trafficking
  • mother and child in prison

Judgment

                                                                                    36.BA.3454.2026.doc

HARSHADA H. SAWANT
      (P.A.)
                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CRIMINAL APPELLATE JURISDICTION


                                 BAIL APPLICATION NO.3454 OF 2026

              Pooja Lovepreet Lal                                          .. Applicant
                         Versus
              Union of India                                               .. Respondent
                                     ....................
               Mr. Gaurav Sharma, Advocate for Applicant appointed through
                legal aid.
               Mr. Rushikesh Munde, APP a/w. Ms. Shatabdi Netke, Advocate for
                Respondent.
               Ms. Rajeshree V. Newton, APP for State.
               Mr. Sandeep Chavan, Byculla Jail Jailer present.
               Mr. Lovepreet Harmesh Lal, husband of Applicant present.
                                                ...................

                                               CORAM : MILIND N. JADHAV, J.
                                               DATE          : SEPTEMBER 28, 2026
              P.C.:

              1.         Heard    Mr.     Sharma,       learned       Advocate       for   Applicant

              appointed through legal aid; Mr. Munde, learned SPP for Respondent

              and Ms. Newton, APP for State.


              2.         This is an Application under Section 483 of Bharatiya

              Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with DRI/

              MZU/C/INT-93/2025           registered       with       Directorate     of    Revenue

              Intelligence, Mumbai Zonal Unit for offences punishable under

              Sections 21(c), 23(c), 28, 29, 30, 35 and Section 54 read with Section

              8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for

              short ‘the said Act’).



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3.       Applicant is a woman having no antecedents but having

indicted in offences punishable under the said Act wherein she has

been caught with 6 kilograms of contraband-cocaine. After she was

arrested, Applicant was granted interim bail for a period of three

months to deliver the child. On 09.01.2026 she delivered a baby girl

prematurely. The medical reports which is placed on record have been

seen by me. Though this Court is not an expert in medicine but prima

facie reading of the report clearly shows that the infant child which

was born has a documented neo-natal history of respiratory distress

and bronchopneumonia which requires prolonged NICU treatment.

Such treatment was given to the infant but after three months the

Applicant surrendered to the prison alongwith the child and since then

she has been housed in prison alongwith her baby.


4.       Mr. Munde would persuade me to take on record material,

appended to be affidavit-in-reply dated 16.09.2026 and would contend

that considering the rigors of Section 37 of the said Act which would

be attracted in the present case, there is no reasonable ground to

believe that the Applicant is not guilty of the alleged offence and,

therefore, consideration of the Applicant's case on humanitarian

grounds be rejected.


5.       He would submit that every week the Applicant and her

infant child is referred to the hospital for treatment and after having



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been discharged from the hospital due to complications there is no

recent medical history demonstrating a continuous illness to enable the

Applicant to maintain the present Application.


6.        Though there is     a substantial case otherwise made out

which can be gone into on merits, in the present scheme of things, I am

inclined to consider the request made by the Applicant for grant of bail

on humanitarian grounds for more than one reason. Applicant’s

indictment as can be seen is based on statements by witnesses and

other accused persons about Applicant’s involvement earlier but she

has not been indicted in any antecedent offences earlier which prima

facie satisfies one of the rigors of Section 37 of the said Act especially

in the facts and circumstances of the present case where the Applicant

is now required to provide care for her infant baby.


7.        Mr. Munde would also submit that the Applicant is part of an

international drug syndicate and has been a very trustworthy member

of the said syndicate and has been an expert in drug smuggling which

is prima facie seen from several witness statements taken recorded by

the prosecution.


8.        In so far as the present case is concerned, the same turns on

its facts. The fact that the newborn infant is having a continuous illness

is clearly seen on the basis of the infant having suffered a lower

respiratory tract infection requiring medication and nebulization


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continuously and therefore, in the month of July-2026 onwards the

infant baby girl was admitted to hospital for breathlessness, fever and

acute respiratory symptoms.


9.        Considering that Applicant is woman and in the facts of the

above case where she is required to provide acute care and support to

the infant child and she herself is required to take care of her own

physiological self which is prima facie seen from the medical report

which is placed before me as also, she is required to have an extra

medical diet.


10.       The case of prosecution is that she will be regularly sent for

follow-up to J.J. Hospital alongwith the infant child will be adhered to

needs to be intervened by this Court. The medical reports which are

prima facie placed before me, clearly bear out the status of the infant

girl child which by any human consideration needs to be protected

rather provided with proper medical care.


11.       Though Mr. Munde would persuade me that she will be

taken well care of in the jail barracks and the hospital, I am unable to

the convince myself to the contrary. Mr. Munde has argued the matter

to the extent of all submissions made in the affidavit-in- reply qua the

rigours of Section 37 of the said Act.      However, the issue of the

Applicant re-offending herself especially when she is required to

provide care and support for her infant girl child is considered in the


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realm of welfare and development needs of children residing with

incarcerated mothers, as opined by the Supreme Court in the case of R.

D. Upadhyay vs. State of A.P.1.

12.         Though it is true that the State is required to provide care

within the prison and it may not be understood as creating an absolute

right for the mother to be enlarged on bail much less in derogation of

the statutory embargo under Section 37 of the said Act, it should all

depend and boil down to the facts of each and every particular case

which may not be alike.


13.         In the present case where admittedly the health of the

newborn infant is critical it would be more appropriate if the infant is

brought up in the environs of the home and proper hospital care rather

than jail especially when the infant is required to be repeatedly taken

for medical checkups and care.


14.         Needless to state that the anxiety expressed by the

prosecution can be considered with appropriate, stringent conditions.

In that view of the matter, the learned Sessions Court order dated

07.08.2026 denying bail on the basis of the jail report that proper

medical facilities, regular checkups and nutritious food are provided

for mothers and children in the prison and that they are referred to J.J.

Hospital for further treatment as and when required may not be


1   2006 (3) SCC 422

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applicable directly to the facts and circumstances of the Applicant

before me, in view of the precarious condition of her infant daughter

who is 8 months old and who requires medical attention. In that view

of the matter, I am inclined to grant interim bail to the Applicant for a

period of 8 months from today, on the following terms and conditions:


          (i)   Applicant is directed to be immediately released

                from prison for a period of 8 months from today

                in connection with Crime No.DRI/ MZU/C/INT-

                93/2025;


          (ii) Applicant is directed to be released on bail on

                furnishing P.R. Bond of Rs.15,000/- (Rs. Fifteen

                Thousand only) with one or two surety / sureties

                of the like amount;

          (iii) Applicant shall report to the Investigating Officer

                at the concerned Police Station, once every month

                on the first Monday of the month between 10:00

                a.m. to 12:00 p.m.;

          (iv) Applicant shall co-operate with the conduct of

                trial and attend the Trial Court on all dates,

                unless specifically exempted and will not take any

                unnecessary adjournments, if she does so it will

                entitle the prosecution to apply for revocation of



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               this order;

         (v) Applicant shall not leave the State of Maharashtra

               without prior permission of the Trial Court;

         (vi) Applicant shall not influence any of the witnesses

               or tamper with the evidence in any manner;

         (vii) Applicant shall keep the Investigating Officer

               informed of her current address and mobile

               contact number and / or change of residence or

               mobile details, if any, from time to time, as

               applicable; and

         (viii)Any infraction of the conditions shall entail

               cancellation of bail granted to the Applicant.

         (ix) Applicant shall surrender after the interim

               bail period is over in accordance with law.



15.      It is clarified that the observations made in this order are

limited for the purpose of granting interim Bail only and I have not

made any observations on merits of the case.         The trial shall be

adjudicated on the strength of the evidence led and strictly on its own

merits being uninfluenced with any of the prima facie observations

made hereinabove in this order.


16.      This Court appreciates the assistance rendered by Mr.

Sharma, learned appointed Advocate through the legal aid. His fees be

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               paid by the High Court Legal Aid Services Authority as per rules on

               production of a server copy of this order and other compliances in

               accordance with the decision of this Court in the case of Sanjyot Nitin

               Telharkar v. The State of Maharashtra & Anr. 2 and the Schedule under

               Regulation 18(1) of the Maharashtra State Legal Services Authority

               Rules, 1998.


               17.               Bail Application is allowed and disposed of in the above

               terms.



H. H. SAWANT                                                     [ MILIND N. JADHAV, J. ]

                            Digitally signed
               HARSHADA by HARSHADA
                        HANUMANT
               HANUMANT SAWANT
               SAWANT   Date: 2026.09.28
                            15:56:55 +0530




               2   Judment dated 25.09.2024 passed in Misc. Civil Application No.134 of 2024.

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