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The Bombay High Court has granted eight months of interim bail to a woman booked under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The Court did this on humanitarian grounds because her eight month old daughter, who was born prematurely, is in a delicate medical condition.
The Court observed that the infant needs continuous medical attention as well as the care and support of her mother.
Justice Milind Jadhav heard the bail application filed by Pooja Lovepreet Lal. She was arrested by the Directorate of Revenue Intelligence (DRI) for allegedly possessing six kilograms of cocaine.
She was pregnant when she was arrested and was later given three months of interim bail for the delivery. She gave birth to a premature baby girl on January 9, 2026. After the baby received treatment, the applicant went back to prison with the infant, who has stayed with her in custody since then.
After reading the medical records, Justice Jadhav noted:
“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,” the judge noted.
The Court also noted that the applicant was allegedly found with at least six kilograms of cocaine. Justice Jadhav observed that a “substantial” case had otherwise been made out against her on merits.
“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…” Justice Jadhav made it clear.
Background and Infant’s Ongoing Health Problems :
The Court noted that the applicant had been named based on statements made by certain witnesses and co-accused about her alleged involvement. However, she had no earlier offence on record. The Court observed that this prima facie met one of the requirements under Section 37 of the NDPS Act, especially given that she needs to care for her infant daughter.
The infant kept suffering from health problems, including a lower respiratory tract infection, and needed medication and continuous nebulisation. The child was later admitted to hospital from July 2026 onwards for breathlessness, fever and acute respiratory symptoms.
Justice Jadhav observed:
“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 continuously and therefore, in the month of July-2026 onwards the infant baby girl was admitted to the hospital for breathlessness, fever and acute respiratory symptoms. Considering that Applicant is a woman and in the facts of the 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,” the judge observed.
Court Rejects DRI’s Jail Care Claim:
The DRI argued that the applicant and her infant could be taken to the State run JJ Hospital whenever needed for medical follow up and treatment. The Court was not convinced that these arrangements properly addressed the situation before it.
Justice Jadhav observed:
“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. Though prosecution would persuade me that she will be taken well care of in the jail barracks and the hospital, I am unable to convince myself,” the judge observed.
Prosecution’s Objection:
The prosecution also argued that the restrictions under Section 37 of the NDPS Act would still apply and that the applicant might re-offend or become involved in drug peddling.
Justice Jadhav looked at this issue by considering the welfare and growth needs of children who live with their mothers in prison. He observed:
“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 realm of welfare and development needs of children residing with incarcerated mothers. 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,” the judge said.
Court’s Reasoning:
The Court held that, given the infant’s delicate medical condition, her repeated need for treatment and hospital visits, and the applicant’s need to care for and support her daughter, the circumstances justified interim bail for eight months.
“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,” Justice Jadhav ordered.
Bail Granted:
The Court therefore granted the applicant eight months of interim bail and directed her to report to the local police station once every month.
Case Details: Pooja Lovepreet Lal vs Union of India (Bail Application No. 3454 of 2026)
