Bombay HC Grants 8-Month Interim Bail To Woman In Cocaine Case To Care For Ailing Infant
· Free Press Journal
Mumbai, September 30, 2026: The Bombay High Court has granted eight months’ interim bail to a woman booked under the stringent Narcotic Drugs and Psychotropic Substances (NDPS) Act, citing the precarious health of her premature daughter, who was born on January 9, 2026, and has been living with her in prison.
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Justice Milind Jadhav noted that the infant, now little over eight months old, had suffered respiratory distress and bronchopneumonia after birth and required prolonged treatment in a neonatal intensive care unit (NICU).
“Though this Court is not an expert in medicine, prima facie reading of the report clearly shows that the infant child... has a documented neo-natal history of respiratory distress and bronchopneumonia which requires prolonged NICU treatment,” the court observed.
Cocaine Case And Bail Plea
Lal was arrested after allegedly being found in possession of around 6kg of cocaine. The court acknowledged that a substantial case was made out against her and that the merits of the prosecution case would have to be considered separately.
However, Justice Jadhav noted that she had no antecedents and was implicated on the basis of statements of witnesses and co-accused. The court held that the circumstances warranted consideration of her bail plea on humanitarian grounds.
Infant’s Health Cited
The court noted that the infant had suffered a lower respiratory tract infection requiring continuous medication and nebulisation and was hospitalised in July for breathlessness, fever and acute respiratory symptoms.
Rejecting the Directorate of Revenue Intelligence’s contention that the mother and child could be taken to JJ Hospital for medical follow-ups, the court said the medical reports showed that the infant needed proper care and protection.
The court also considered the restrictions under Section 37 of the NDPS Act, including the possibility of reoffending, but said each case must be assessed on its own facts.
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“In view of the precarious condition of her infant daughter who is 8 months old and who requires medical attention,” Justice Jadhav granted interim bail for eight months, subject to conditions.
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