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MUMBAI: Bombay high court on Tuesday granted bail to Ellena Kasakatira, a foreign national in a case of commercial amount of cocaine possession.
Justice Manish Pitale granted bail to Ellena who was arrested on 23rd November, 2020 in connection with a case registered with the Directorate of Revenue Intelligence, Mumbai under the Special NDPS Act.
The case against her was that when she arrived at Mumbai International Airport, she was confronted on a tip off. While a personal search yielded nothing, Cocaine was allegedly found in two packets weighing about 500 grams each in a blue trolley was the prosecution case. Her lawyer said her signature was not taken on the panchanama at the airport.
The HC said “ it is significant that the said document (seizure panchanama) at no place bears the signatures of the accused.”
The HC order said, “In fact, a notice under Section 50 of the NDPS Act, also dated 23rd November, 2020, shows that the applicant (accused) indeed put her signature on the same. But, the signature of the applicant (accused) is conspicuous by its absence in the panchnama drawn at the airport on the same day…The said quantity being commercial quantity, the applicant was arrested and further proceedings were undertaken. The applicant has remained incarcerated since 23rd November, 2020.”
The HC added “there is substance in the contention raised on behalf of the applicant that this can prove to be fatal to the case of the prosecution.”
Also noting that the foreign national had no criminal antecedents and has been in custody for four years, the HC granted her cash bail of Rs 1 lakh.
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