Woman drug peddler gets bail after 2 yrs in jail

The two-year incarceration of a 22-year-old South Mumbai woman, whose grandfather and brother are noted film composers, ended last week, when the Bombay High Court held that the police violated norms to conduct a body search as laid down by the court. The court, while passing its order, held that it appears that the accused had not committed a crime that attracts punishment of more than five years, thereby making a case for bail.

"The applicant, who is a woman, was searched in full male gaze. Prima-facie, it appears that the applicant was not searched in seclusion and in the absence of a male. This is in contravention to section 594(4) of the NDPS Act, and the provisions in its spirit have been violated as has been laid down by the court. The provisions envisages regard for the person and privacy of a female. This has not been honoured by the mere fact of the search being carried out by a female constable. Section 50 of NDPS Act additionally requires that a female accused be searched in seclusion, and to the exclusion of males."

"It is therefore reasonable to believe that the applicant has not committed an offence punishable with imprisonment for more than five years as contemplated under the provisions of the NDPS Act. It further appears that there is no reasonable belief that she is likely to commit any offence punishable under the act if released on bail," the court ordered.

IN VIOLATION OF THE LAW

• The court held that the applicant, who is a woman, was searched in full male gaze. Prima-facie, it appears that the applicant was not searched in seclusion and in the absence of a male.
   
• This is in contravention to section 594(4) of the NDPS Act, and the provisions in its spirit have been violated.