OBSERVING THAT the area close to a carry in a constructing is a public place and seizure of medicine from there can’t be thought of as possession, a particular court docket granted bail to a 34-year-old lady.
The Narcotics Management Bureau (NCB) had claimed that 20 kg of mephedrone drug was seized which was hid by the accused lady close to the carry in 2023. The company had arrested Alfiya Shaikh, a resident of Dongri, underneath the Narcotic Medicine and Psychotropic Substances (NDPS) Act, alleging that for the reason that restoration was from an area outdoors her house, it quantities to ‘aware possession’ which might be punishable.
Shaikh by means of her lawyer had claimed that nothing was recovered from her home or private search and the restoration of the contraband was from an area close to the carry of a residential house, the place the girl lives. Shaikh had claimed that she was falsely implicated.
“…the contraband was discovered on the second flooring of the constructing behind the door, close to the carry and never in her home. The open area close to the carry can be a public place, as a result of each member of the society together with the watchman and labourers have entry to your complete constructing. They’ll go to any flooring for his or her work. I imply to say that, the place from which the contraband has been seized is a public place and the accused has no unique management over the identical,” the particular court docket stated in its order on Saturday.
The court docket additionally stated that whereas the NCB had claimed that Shaikh had stated in a confessional assertion that she was the one who stored the medication there to hide them, the assertion isn’t admissible as proof until there may be different cogent and corroborative proof. The court docket additionally stated that Name Knowledge Data (CDR), exhibiting that Shaikh was in contact with different co-accused additionally can’t show prison conspiracy as there isn’t a transcript of their dialog.
Shaikh was arrested on June 10, 2023, and was launched in January 2024 for six months on short-term bail as she was about to ship a baby. The court docket additionally thought of that she has an toddler youngster whereas granting her bail.
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