March 2, 2024 | Mumbai: In a significant development, the Special Court for NDPS (Narcotic Drugs and Psychotropic Substances) cases in Mumbai has granted bail to a 59-year-old woman, Meherbano Mohd. Ayub Siddiqui @ Sikandari, citing procedural violations in the manner of her arrest and search. The court found that the police had not adhered to the required legal procedures under the NDPS Act while conducting the personal search of the accused, thereby weakening the prosecution’s case.

Case Background

Siddiqui was arrested on January 30, 2024, by Bandra Police, who alleged that she was in possession of 54 grams of mephedrone (MD). According to the prosecution, she was apprehended in a suspicious manner at Qureshi Nagar, Darga Galli, Bandra (West), while allegedly attempting to conceal a bag under her Punjabi dress. Upon being confronted, she reportedly provided evasive answers about the bag’s contents. Following instructions from their superiors, the police conducted a search, which led to the seizure of the contraband.

The accused was subsequently charged under Sections 8(c) read with 20(B) of the NDPS Act and placed under arrest. The prosecution contended that her arrest was necessary for further investigation to determine any possible connections with interstate or international drug syndicates.

Defense Arguments

Advocate Sherali Khan, representing the accused, argued that Siddiqui was falsely implicated and that no narcotics were recovered from her. The primary contention was that the search was conducted in violation of Section 50 of the NDPS Act, which mandates that a female accused be searched only by a police officer of the rank of Head Constable or above. In this case, the search was conducted by a Woman Police Constable (WPC), which, as per the defense, rendered the search and subsequent recovery invalid.

Citing multiple precedents, including Najma Abdul Shaikh vs. State of Maharashtra and Aarfin Salman Shaikh vs. State of Maharashtra, the defense maintained that any evidence obtained in violation of Section 50 is inadmissible in court. The defense further highlighted that Siddiqui is a housewife with no criminal antecedents and suffers from health issues, justifying her release on bail.

Court’s Observations and Order

After considering both arguments, the court, presided over by Special Judge B.Y. Phad, ruled in favor of the accused. The judge noted that the search conducted by an unauthorized officer violated Sections 42 and 50 of the NDPS Act, rendering the alleged recovery of contraband legally questionable.

The court emphasized that the procedural lapse significantly undermined the prosecution’s case and that there was no justification for keeping the accused in custody any longer. Consequently, Siddiqui was granted bail with stringent conditions, including:

• Furnishing a personal bond of Rs. 60,000 along with one or two solvent sureties.
• Reporting to Bandra Police Station every Sunday between 10:00 AM and 11:00 AM until the final report is filed.
• Not leaving Mumbai without prior permission from the investigating officer or the court.
• Not tampering with evidence or contacting co-accused or witnesses.
• Surrendering her passport, if available, to the authorities.
• Providing the court with details of three blood relatives and their verified residential addresses.

The court further warned that any violation of these conditions would lead to the cancellation of bail.

Legal and Public Reactions

Legal experts have pointed out that this case highlights the importance of strictly adhering to procedural safeguards under the NDPS Act, as any violation could lead to the weakening of the prosecution’s case. The case has also sparked discussions on the need for improved training and awareness among law enforcement officials to ensure that procedural lapses do not result in accused individuals securing bail on technical grounds.

While the prosecution may challenge the bail order in higher courts, for now, the case serves as a precedent in reinforcing procedural integrity in drug-related arrests.

Stay tuned for further updates on this case and other legal developments in Mumbai.