Karnataka HC cites non-compliance with search process, grants bail to Kenyan woman caught with cocaine at Bengaluru airport | Bangalore News

The Kenyan woman who arrived at the Kempegowda International Airport, Bengaluru from Nairobi was detained at the airport by Central Industrial Security Force (CISF) officials based on information that she was carrying contraband drugs.

After the initial interception of the woman, it was found that she had 68 capsules hidden on her body containing 1.015 kg of cocaine. Later, based on the disclosure of the woman, she was found carrying the contraband in her rectum and 180 gram was recovered, amounting to a total of 1.195 kg of cocaine. Based on the seizure, the woman was arrested on September 14, 2023.

During the recent bail hearing for the Kenyan woman in the high court, it was argued that the seizure of drugs from the woman was not done according to procedures prescribed in Section 50 of the NDPS Act which requires the seizure of drugs to be done before a magistrate and mandates that only a woman officer can search woman suspect.

The advocate for the Kenyan woman argued that doubt had been cast over the seizure of drugs since the authorities had not followed the norms prescribed by the NDPS Act.

The counsel for the NCB argued that the woman suspected of carrying the cocaine at the Bengaluru airport was initially frisked by CISF staff who provide security in the frisking area of the airport and not by NCB officials.

The NCB team at the airport was introduced to a woman sub-inspector of the CISF who conducted a pat down search of the suspect and found 68 capsules concealed in the undergarments of the suspect, the HC was informed.

The contraband material was checked through a machine which gave a positive response and a seizure panchnama was subsequently prepared with the woman CISF officer as a witness.

“Therefore, compliance of Section 50 of the NDPS Act becomes mandatory which prima facie appears to have not been done in the present case. It is trite that compliance of Section 50 of the NDPS Act becomes mandatory when contraband article is seized from the person of accused,” the HC observed in its recent order granting bail to the Kenyan suspect.

The Court also observed that the arrested woman was in judicial custody without a trial for over a year since her arrest on September 14, 2023, while granting bail.

“Undisputedly, the petitioner has no criminal antecedents. However, since the petitioner is a foreign national who is facing a criminal case registered for… offences punishable under the provisions of NDPS Act… the petitioner is required to be detained in a detention centre until the criminal case registered against her is disposed of finally,” the HC stated.

The suspect has been released on bail on a personal bond of Rs 2 lakh with two sureties and has been directed to surrender her passport.