South African national, released by the high court in a narcotics case, was arrested again by Air Intelligence Unit.
A day after informing the Bombay high court that South African national who allegedly ejected 58 capsules containing cocaine “is free to go anywhere”, the Air Intelligence Unit arrested her on Saturday.
This arrest came about after 19 days of “illegal detention”. Atul Sarpande, lawyer of accused Nongawuza Caroline, said he would move a contempt of court petition against the customs department in the high court on Monday.
On Friday, a division bench of justices Bilal Nazki and AR Joshi recorded AIU’s counsel Nitee Punde’s signed statement that Caroline was not detained by the AIU. “She is free to go anywhere,” Punde stated.
When Sarpande took the order to JJ hospital to free his client on Friday, the resident doctor asked him to come the next day. “On Saturday, the doctor informed me that she has been arrested,” said Sarpande.
Despite Sarpande’s argument that the arrest is in contravention of the high court order, metropolitan magistrate AD Kshirsagar remanded Caroline in judicial custody till Monday.
Johannesburg resident Caroline was apprehended by the AIU sleuths after she arrived in Mumbai from Dubai in Emirates Airlines on September 1. Since nothing “incriminating” was found on her person, the AIU officials sought permission from the Esplanade court the same day to get her X-rayed. Since the X-Ray didn’t detect anything suspicious, a CT scan was done.
“As per the Customs Act, the X-ray plates have to be submitted to the court immediately. Mere informing the court has no value. Besides, she needs to be taken into custody for any of these procedures to be followed,” said Sarpande.
Caroline allegedly ejected 57 capsules on September 3, 4, 5 and 6. On September 17, the accused was operated on in JJ hospital for removal of a capsule in her stomach.
“I still fail to understand if indeed capsules containing cocaine were found on her, why she was not arrested. We believe that she was detained for extracting a statement [confession],” said Sarpande. A statement made before a customs officer is admissible in the court unless proven involuntary.
Caroline will be produced in Esplanade court on Monday.
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