satija: Nupur Satija’s arrest, drug seizure illegal, says lawyer | India News – Times of India

MUMBAI: For the bail application of Nupur Satijar, 29, in the cruise liner drugs bust case, the defense on Tuesday told the special NDPS court that a total of 1.59 grams of Ecstasy Tablet (MDMA) was seized from her occupied house. This is an illegal seizure because the mandatory procedure was not followed. “The search of the cabin, personal impact and personal search of the anklet were affected by the five witnesses. By law, a Punch is not empowered to search and recover drugs. This should be done by officers empowered by the NDPS Act. Satijar Advocate Ayaz Khan said.
Pointing to the alleged illegality of Nupur’s arrest, Khan further argued that the investigating agency entered the room after sunset at 7.50 pm and they took her out around 9.30 pm. “Her movements were then restricted and she was taken to the NCB office. This is the amount of arrests under the CRPC. The Bombay High Court has said that such arrest of a woman after sunset is illegal,” Khan submitted.
He added that he was also formally arrested on October 3 by a male officer, which is against the law. “If the confiscation is illegal, then there is no question of an investigation,” Khan said. He added that the alleged seizure was from a room, not from Anklet’s personal possession.
“The anklet is being charged only for the intermediate amount of MDMA and for consumption. So the bar under section 37 of the NDPS Act is not attracted to her case,” Khan added. The prosecution will now present arguments on the application.


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