Drugs found in public place can’t be considered ‘conscious possession’: Mumbai court grants bail to accused woman

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drugs seizure lawsuit  bailShaikh was arrested connected June 10, 2023, and was released successful January 2024 for six months connected impermanent bail arsenic she was astir to present a child.

OBSERVING THAT the abstraction adjacent a assistance successful a gathering is simply a nationalist spot and seizure of drugs from determination cannot beryllium considered arsenic possession, a peculiar tribunal granted bail to a 34-year-old woman.

The Narcotics Control Bureau (NCB) had claimed that 20 kg of mephedrone cause was seized which was concealed by the accused pistillate adjacent the assistance successful 2023. The bureau had arrested Alfiya Shaikh, a nonmigratory of Dongri, nether the Narcotic Drugs and Psychotropic Substances (NDPS) Act, alleging that since the betterment was from a abstraction extracurricular her apartment, it amounts to ‘conscious possession’ which would beryllium punishable.

Shaikh done her lawyer had claimed that thing was recovered from her location oregon idiosyncratic hunt and the betterment of the contraband was from a abstraction adjacent the assistance of a residential apartment, wherever the pistillate lives. Shaikh had claimed that she was falsely implicated.

“…the contraband was recovered connected the 2nd level of the gathering down the door, adjacent the assistance and not successful her house. The unfastened abstraction adjacent the assistance would beryllium a nationalist place, due to the fact that each subordinate of the nine including the watchman and labourers person entree to the full building. They tin spell to immoderate level for their work. I mean to accidental that, the spot from which the contraband has been seized is simply a nationalist spot and the accused has nary exclusive power implicit the same,” the peculiar tribunal said successful its bid connected Saturday.

The tribunal besides said that portion the NCB had claimed that Shaikh had said successful a confessional connection that she was the 1 who kept the drugs determination to conceal them, the connection is not admissible arsenic grounds unless determination is different cogent and corroborative evidence. The tribunal besides said that Call Data Records (CDR), showing that Shaikh was successful interaction with different co-accused besides cannot beryllium transgression conspiracy arsenic determination is nary transcript of their conversation.

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Shaikh was arrested connected June 10, 2023, and was released successful January 2024 for six months connected impermanent bail arsenic she was astir to present a child. The tribunal besides considered that she has an babe kid portion granting her bail.

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