The Supreme Court has confirmed the interim bail granted to a woman in a narcotics case and termed her arrest as “wholly unnecessary” and “excessive” as the prohibited substance was recovered from the possession of the husband and the petitioner-wife was travelling with him.

The Bench of Justice S. Ravindra Bhat and Justice Dipankar Dutta observed that “prima facie the police authorities did not apply their minds while taking into the custody petitioner a woman with three minor children... the arrest of the petitioner-wife was wholly unnecessary – even excessive, as she had no previous history of alleged criminal behavior.”

Advocate Rajiv R. Mishra appeared for the petitioner and Advocate Astha Sharma appeared for the respondent.

In this case, the petition was preferred against the order of the Calcutta High Court wherein her bail application was rejected. The petitioner was accused of committing offence punishable under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The petitioner was travelling with her husband in a car when they were stopped and 1542 Yaba tablets were recovered from her husband. The woman, her husband, and three minor children, including a 16-month-old baby, were detained by the Police.

The Counsel for the State submitted that the children were not arrested, but they were taken into custody along with the mother as they could not be separated from her.

The Apex Court while issuing notice on her plea, had enlarged the petitioner on interim bail subject to conditions imposed by the Trial Court.

“In view of the foregoing the interim bail granted by this Court on 16.12.2022 is hereby confirmed. The petitioner shall continue to be enlarged on bail subject to such conditions as the Trial Court may impose.” said the Apex Court.

Accordingly, the Special Leave Petition was allowed.

Cause Title- Sahimina Biswas v. The State Of West Bengal

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