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Synopsis

A single judge of the Bombay High Court comprising Justice Anuja Prabhudesai has recently granted bail to a Nigerian woman who had been booked under the Narcotic Drugs and Psychotropic Substances (NDPS) Act and had been in custody for a period of five years.

The high court was hearing a bail plea from a Nigerian woman who had been booked under the NDPS Act by the police following the seizure of 225 grams of cocaine.

According to the prosecution's argument, on February 9, 2019, Police Inspector Daya Nayak received confidential information that three Nigerian nationals were expected to gather near Mourya Landmark between 8:30 PM and 9:30 PM for a cocaine sale.

The information was reported and conveyed to higher authorities. Panch witnesses were present, and a sting operation was organized. Allegedly, the applicant arrived at the scene around 9:50 PM, and upon inspection, 225 grams of cocaine were found in her purse.

The bench while referring to Section 52A of the NDPS Act noted that the samples were not drawn and certified before the magistrate.

“In the instant case, the samples were not drawn in presence of the Magistrate and have not been certifed by the Magistrate. Non-compliance of the mandate under Section 52A prima facie makes the recovery suspicious,” the bench observed.

The high court underscored the fact that the applicant is a woman who has already spent five years in custody. Additionally, charges against her were yet to be framed, and there was no possibility of the trial concluding within a reasonable period.

Citing a precedent set by the Supreme Court, which highlighted that prolonged incarceration often contradicts the fundamental right enshrined in Article 21 of the Constitution, the high court granted bail to the woman.

Case title: Karla Pinto Iris vs State of Maharashtra