In a significant development, the Bombay High Court, led by Justice NJ Jamadar, has granted bail to Alfiya Faisal Shaikh, who is facing charges under the Narcotic Drugs and Psychotropic Substances Act, 1985. The decision comes as Alfiya, two months pregnant at the time of arrest, sought temporary release on medical grounds to ensure a safe delivery.
The Narcotics Control Bureau had seized 5 kg of a substance believed to be Mephedrone (MD) from another individual, Shamiya Khan, leading to allegations against Alfiya and her husband for supplying the said substance. Following a search operation at Alfiya’s residence, an additional 15 kg of MD was discovered and recovered.
Alfiya, in her plea, highlighted her advanced pregnancy and the potential complications during childbirth, citing her history of three previous cesarean section births. She argued for temporary bail on humanitarian grounds, contending that the prison lacked the necessary facilities for emergent medical care.
The Union of India opposed Alfiya’s application, asserting her involvement in drug trafficking and potential tampering with witnesses if released. The Union suggested that adequate medical care could be provided at a Government Hospital.
In its order, the Bombay High Court emphasized the prisoner’s entitlement to dignity, particularly in a situation involving advanced pregnancy. The court recognized the potential consequences on both the mother and the child if childbirth were to occur in prison. Acknowledging the humanitarian aspect, the court granted bail to Alfiya, ensuring her the necessary considerations for a safe and dignified delivery.
CASE TITLE: ALFIYA FAISAL SHAIKH V. UNION OF INDIA
NAME: GAYATHRI MANOJ, BBA, LLB(HONS), PRESIDENCY UNIVERSITY, BANGALORE, INTERN UNDER LEGAL VIDHIYA.
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