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of <h1>Court grants 24-year-old bail under NDPS Act amidst pandemic concerns.</h1> <h3>SONIA SHAMRAO NAIK GAONKAR Versus NARCOTICS CONTROL BUREAU</h3> SONIA SHAMRAO NAIK GAONKAR Versus NARCOTICS CONTROL BUREAU - TMI Issues:Interim bail application due to pandemic in jail, compliance with NDPS Act, presence of independent witnesses, health conditions of the applicant, family support, jail conduct, retracted statement under Section 67, terms of interim bail.Analysis:The applicant, a 24-year-old girl, sought interim bail citing the deteriorating pandemic situation in jail. She was arrested under the NDPS Act for possession of Methamphetamine and has been in custody for over two years. The Narcotics Control Bureau (NCB) claimed she was found with drugs and led to the seizure of more cocaine from other co-accused based on her disclosures. The applicant's family supported her bail plea, assuring her presence at trial. The court noted the lack of independent witnesses during the seizure and the applicant's educational background and family details.The applicant's counsel argued that her statement under Section 67 was retracted, highlighting discrepancies in the case, such as the absence of communication with co-accused and non-fulfillment of mandatory conditions under the NDPS Act. The NCB opposed bail, citing the quantity of drugs seized and statutory presumptions. The court considered the medical report of the applicant's skin allergies and the threat of COVID-19 in jail, emphasizing her roots in Goa society. The jail conduct was satisfactory, and no other cases were pending against the applicant.After reviewing the circumstances, the court granted interim bail for 45 days with specific conditions: a personal bond, residence restrictions, reporting to the local police, continuous contact with the IO, trial participation, prohibition on contacting co-accused, and surrender upon expiry of bail period. The court disposed of the petition and related applications, ensuring the applicant's temporary release with stringent terms to safeguard trial proceedings and public interest.
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