Bombay High Court grants bail to Kenyan woman over search procedure flaws in cocaine case
The Bombay High Court has granted bail to Mwanje Faridah, a Kenyan national arrested in 2022 at Mumbai's international airport for allegedly carrying 980 grams of cocaine, on the ground that mandatory procedures were not followed during her search.
Faridah was booked under various sections of the Narcotic Drugs and Psychotropic Substances (NDPS) Act on October 2, 2022, after being detained on suspicion of carrying contraband. Officials claimed that during her search, plastic packets concealed in her clothes were found, containing 980 grams of cocaine—a commercial quantity under the NDPS Act.
The court, however, observed that the search procedures mandated by law were not adhered to, which vitiated the prosecution's case. Granting bail, the bench noted that the failure to follow proper protocol weakened the evidentiary value of the seizure. The court did not comment on the merits of the case but restricted its observation to the procedural lapse.
The ruling highlights the judiciary's emphasis on strict compliance with legal procedures in drug-related cases, even where the quantity involved is substantial. Faridah had been in custody since her arrest and was directed to furnish bail bonds to secure her release.
