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Drug bust: HC grants bail towoman from Kyrgyzstan

Drug bust: HC grants bail towoman from Kyrgyzstan

Time of India13-05-2025

New Delhi: Delhi High Court has ruled that merely being a foreign national is not a valid ground to deny bail under the
Narcotic Drugs and Psychotropic Substances Act
, 1985, particularly when the accused's passport was already confiscated by authorities.
This observation was made while granting bail to a woman from Kyrgyzstan.The single judge bench of Justice Shailender Kaur noted that the woman is married to an Indian man, and they both reside in the same apartment in Gujarat.
Justice Kaur said, "The prosecution has raised apprehensions regarding the petitioner's status as a foreign national, positing that there exists a likelihood of abscondence if released on bail. This court, while not discounting the concerns raised, is also cognizant of the fact that being a foreign national cannot be a ground to deny bail, specifically when the passport of the petitioner was seized."The FIR in the case was lodged in Nov 2024, involving alleged offences under sections 20, 25, and 29 of the NDPS Act related to the illegal handling of cannabis, allowing one's premises to be used for drug-related offences and criminal conspiracy, respectively. The prosecution opposed her bail plea, expressing concern that due to her foreign nationality, there was a substantial risk of her fleeing the country if released.The counsel for the woman argued that the petitioner's passport was seized, and therefore, such a risk does not arise. He added that the charge in the present case was not framed, and she was incarcerated for about six months. He further stated that she had clean antecedents and her jail conduct was satisfactory.Noting that the quantity of charas allegedly recovered in the present case was an "intermediate quantity," the court said that in a case involving an intermediate quantity, the rigours of Section 37 of the NDPS Act did not apply. Taking into account several factors, the court further stated that continued incarceration of the petitioner would serve no fruitful purpose.

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