Nupur Satija's arrest, drug seizure illegal, says lawyer

MUMBAI: Seeking bail plea for Nupur Satija (29) in the cruise liner drugs bust case, the defence told the special NDPS court on Tuesday that the alleged seizure of ecstasy tablets (MDMA), totally weighing 1.59 gm, from the room occupied by her, is an illegal seizure as the mandatory procedure was not followed. "The search of the cabin, personal effects and personal search of Nupur was effected by the panch witness. According to the law, a panch is not empowered to search and recover contraband. It has to be done by officers empowered by the NDPS Act. They have to be of and above the rank of intelligence officer," Satija's advocate Ayaz Khan said.
Pointing out to alleged illegalities in Nupur's arrest, Khan also argued that the investigating agency had entered the room post sunset at 7.50pm and they exited along with her around 9.30pm. "Her movements thereafter were restricted and she was taken into the NCB office. This amounts to arrest under CrPC. The Bombay high court has held that such arrest of a woman after sunset is illegal," Khan submitted.
He also said her formal arrest on October 3 was also made by a male officer which is against the provisions of the law. "If the seizure is illegal, there is no question of further probes," Khan said. He also said the alleged seizure is from a room and not from Nupur's personal possession.
"Nupur is only being charged for intermediate quantity of MDMA for possession and consumption. Hence the bar under section 37 of the NDPS Act is not attracted to her case," Khan futher stated. The prosecution will now submit arguments on the plea.