Shillong, Feb 20: The Meghalaya High Court has rejected a bail plea of a woman accused under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
Aisha Khatoon alias Pahari of Lower Paltan Bazar had sought release, arguing that evidence did not establish possession beyond small quantity and that she had already spent more time in custody than the prescribed punishment.
A single bench of Justice Wanlura Diengdoh noted that Khatoon is also in custody in another NDPS case already under trial.
The court held that even if the evidence suggested possession of only a small quantity, discharge could not be considered at this stage.
The matter was sub judice, with no final order from the trial court, and it could not be said whether the petitioner would be found guilty or innocent. Bail could not be granted on that basis.
The court urged the trial court to expedite proceedings, preferably on a day-to-day basis, in line with Supreme Court directions.
Khatoon’s counsel pointed to the evidence of Nur Jahan Begum, who initially informed police that the accused had hidden contraband in her shop but later retracted before the trial court, telling judges she had never made such a statement.
The counsel for the accused argued that this evidence supported the petitioner’s case regarding the alleged possession of about 6.5 grams of contraband.
The government advocate submitted that when the first bail plea was made, the court rejected it not on the basis of the alleged quantity but because of the petitioner’s involvement in similar offences.
Two other NDPS cases were pending against her, and the court had denied bail then in view of her criminal antecedents.
Khatoon has been described by the anti-narcotics police an “infamous drug trafficker”. A repeated offender, the State had placed her, along with four others under Section 31 of the Prevention of Illicit Trafficking in Narcotic Drugs and Psychotropic Substances (PITSNDPS) Act.
