Mumbai, June 9: The special NDPS court on Tuesday granted bail to a 28-year-old woman from Mumbra, who was allegedly caught carrying 15 kg of high-intensity hydroponic weed at Mumbai airport, after observing that she was illegally detained for several hours before her formal arrest was shown.
Arrest and detention details
According to the prosecution, Farin Shaikh arrived at Mumbai airport from Bangkok, Thailand, on March 27. Officers intercepted her and searched her bag, allegedly recovering 10 black vacuum-sealed plastic packets containing hydroponic weed.
Shaikh’s lawyer, Mayank Joshi, contended that rules applicable while arresting a woman were not followed. He claimed that Shaikh was arrested by a male officer. He further argued that although records showed her arrest at 7 am on March 28, she had been detained since 1.30 pm on March 27, when she arrived at the airport.
Joshi submitted that Shaikh’s family was informed about her arrest on March 27 itself. He argued that the arrest was shown on March 28 only to claim that she was produced before the magistrate within 24 hours.
Court observations
The prosecution opposed the plea, contending that a woman officer was part of the team and maintaining that Shaikh was arrested on March 28 at 7 am.
The court noted discrepancies in the arrest timing. It observed that the arrest intimation notice was served on Shaikh’s family on March 27. The custody application also recorded that she reached the airport around 1.30 pm on March 27 from Bangkok, while the charge-sheet mentioned her arrival at 2.30 pm the same day.
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The court said the records indicated that Shaikh was arrested on March 27. It also noted that the prosecution had not placed on record the exact time at which she was produced before the magistrate. Holding that her detention was unauthorised, the court granted her bail.
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