Bombay High Court grants bail to woman held with drugs

The Bombay High Court recently granted bail to a woman and her associate who were arrested with 430 gm of mephedrone, a narcotic substance, on the grounds that the police did not follow proper procedure to search a woman in seclusion.

The court granted bail to the woman saying, “The woman was searched in front of men. This violates section 50 (4) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.” It added that the section required the police to regard the privacy of a woman, which was not honoured in this case. The act requires that a woman be searched in seclusion, without any men present.

The court also granted bail to the woman’s associate who was carrying 100 gm of narcotic substance on him, during the time of the arrest. It said he was searched by a constable, which violates section 42 of the NDPS Act.

According to the Act, only police personnel holding a rank higher than that of a constable can search someone suspected of carrying narcotic substances.