The Karnataka High Court.
Credit: DH File Photo
Bengaluru: The Karnataka High Court has granted conditional bail to a Kenyan national arrested in September 2023 for allegedly carrying cocaine at the Kempegowda International Airport in Bengaluru.
Justice S Vishwajith Shetty ordered that the petitioner be sent to a detention centre.
The petitioner, Caroline Agola Agengo, was arrested by the Narcotics Control Bureau (NCB) on September 14, 2023. Based on credible information, officials intercepted her in Terminal-2 on the night of September 11, seizing 68 capsules containing 1.015 kg of cocaine from her person, along with an additional 180 grams recovered from her rectum at the hospital.
After her bail was denied by the trial court, Caroline moved to the high court, arguing that she had been in custody for over a year and that there was no compliance with Section 50 of the NDPS Act.
The said section states that the person about to be searched has the right to have the search conducted in the presence of a gazetted officer or a magistrate and it is the obligation of the police officer to inform such person of this right before proceeding to search.
In response, the NCB contended that compliance with Section 50 was unnecessary since Caroline was frisked by CISF staff at the airport. They also argued that she posed a flight risk if granted bail.
The court noted that compliance with Section 50 is mandatory, which appears not to have been followed in this case. Also, since the petitioner is a foreign national facing charges under the NDPS Act, she is required to be detained in a detention centre until the criminal case against her is disposed of.
The trial court has been directed to notify the competent authorities to detain Caroline in a detention centre in or near Bengaluru until the trial concludes. The authorities may impose restrictions on her movements, requiring her to post a bond with or without surety as an alternative to enforcing specific conditions, with notice to the court, Justice Shetty stated.
The court has also imposed conditions on Caroline, including prohibiting her from tampering with prosecution witnesses and requiring her to be present in court for all future hearings unless exempted by the trial court. Also, her passport must be surrendered to the trial court and will remain in the court's custody until further orders or until the case is resolved.