MUMBAI: In a significant order, a special NDPS court that granted bail to Gurugram woman Nupur Satija in the cruise drugs bust case has held she was entitled to the relief as the search of her room and the subsequent alleged seizure of ecstasy tablets (MDMA) weighing 1.59gm were illegal.
Calling it a breach of provisions of the NDPS Act, special judge V V Patil said, "In the present case, the search was undertaken by a female panch who is not an empowered officer to effect the search and, therefore, there is a breach of Section 42 of NDPS Act... present accused is entitled to grant of bail on that ground."
No proof to show Satija acted in conspiracy, says spl court
Nupur Satija’s advocate Ayaz Khan had submitted before the special court that according to law, a panch is not empowered to search and recover contraband, and it has to be done by officers empowered by the NDPS Act. He said a 1985 notification revealed officers of and above the rank of inspector in the NCB are empowered to exercise powers and perform duties specified in Section 42. The prosecution had submitted that the drugs were found wrapped in sanitary napkins.
While Satija (29), Delhi residents Gomit Chopra (28) and Ishmeet Singh Chadha (33) and city resident and alleged peddler Shreyas Nair (23) were granted bail on October 30, detailed order copies were made available on Friday.
In Satija’s case, the court said, “Admittedly, personal search of accused as well as search of room of accused was (under)taken by (a) female panch witness. Admittedly, there was no lady officer present and no panchanama was carried out by person authorised for that purpose.” It said there was no specific evidence on record to show the accused had acted in conspiracy with each other. It noted that other accused, Aryan Khan (23), Arbaaz Merchant (26) and Munmun Dhamecha (28), had been granted bail by HC.
Chopra, a make-up artist and guest on ship, was held on October 3. Three grams of cocaine and ecstasy pills were allegedly recovered. Granting Chopra bail, the court said though prosecution had relied on WhatsApp chats between Satija and him, the conversations are only regarding consumption and not regarding sale, purchase or for any other use. “I find substance in the arguments advanced on behalf of the applicants that on the basis of WhatsApp chats, at the most it can be said the applicants are consumers of contraband,” the court said, while accepting advocate Kushal Mor’s submissions. The court said only Section 27(a) of NDPS Act, which attracts punishment up to one year, was applicable.
A businessman, Chadha, also a guest on ship, was held on October 3. Allegedly 6.5 gms of MDMA was recovered, and he named Nair as his supplier. Nair was held a day later. The court said barring Chadha’s statement, prosecution failed to bring on record specific evidence to show Nair supplied the contraband.
