Cruise ship drugs bust case: Court observes seizure was illegal

No female officer was present while arresting Nupur Satija from the cruise, panchnama was not carried out by an authorised officer, her counsel had argued before the court

While granting bail to 29-year-old Gurgaon resident Nupur Satija, an accused in the Cordelia cruise drugs bust case, a special Narcotics Drugs and Psychotropic Substances Act (NDPS) court has observed that the seizure of contraband from her was illegal and under violation of section 42 of NDPS Act (Power of entry, search, seizure and arrest without warrant or authorisation).

While giving bail to Nupur Satija, a resident of Gurgaon, and Gomit Chopra, a resident of New Delhi, the court said that the WhatsApp chats of both of them are regarding consumption of drugs and not regarding sale, purchase or any other use.

Special NDPS judge V V Patil had granted bail to Satija on October 30. However, the detailed order was made available recently. Satija’s counsel Ayaz Khan had argued that the search of Satija and her room at the cruise was carried out by a panch witness, who is not an empowered officer and therefore it is in breach of provisions of NDPS Act. There was no female officer present either.

The NCB on October 2 checked room number 3603 at the cruise ship and found four green tablets purported to be Ecstasy kept in four sanitary pads, after which Satija was arrested.

Special judge Patil also observed in the order that there is prima facie no conspiracy and abetment as alleged by the prosecution and hence section 29 of NDPS (criminal conspiracy and abetment) is not applicable. Hence section 37 of NDPS (offence to be cognisable and non bailable) would not apply.

While giving bail to Satija, a resident of Gurgaon, and Gomit Chopra, a resident of New Delhi, the court said that the WhatsApp chats of both of them are regarding consumption of contraband and not regarding sale, purchase or any other use.

While arguing for 29-year-old Satija’s bail, Khan had told the court she was found with four pills of Ecstasy weighing 1.59 grams in total, which was a non-commercial quantity and so Section 37 of NDPS Act would not be applicable. He had also argued that the panchnama was not carried out by an authorised officer prescribed under the act, hence the search and seizure was illegal. Moreover, she was arrested by a male officer, which is against the mandatory provisions of NDPS Act.

The timing of the panchnama, which started at 19.40 hours and was completed at 21.50 hours i.e after sunset and before sunrise, which is also against the provisions of the Act.

Satija and Chopra were arrested by the NCB on October 3 along with Aryan Khan while they were all headed to Goa.