Mandatory procedures not followed: Court grants Kenyan woman bail in drug smuggling case

2 min readMumbaiUpdated: Jul 5, 2026 10:09 PM IST

File photo of the Bombay High Court.

The Bombay High Court granted bail to a Kenyan national, arrested in 2022 at the Mumbai international airport for allegedly carrying 980 grams of cocaine, observing that mandatory procedures were not followed during her search.

Mwanje Faridah was booked under various sections of the Narcotic Drugs and Psychotropic Substances (NDPS) Act on October 2, 2022. She was detained at the airport on suspicion that she was carrying contraband. The officials had claimed that when her search was conducted, it was found that she had concealed plastic packets in her clothes. It was alleged that the packets contained 980 grams of cocaine, which is a commercial quantity, as per the NDPS Act.

Faridah’s lawyer, Khushal Pawar, had submitted that she was searched by a member of the raiding team of the air intelligence unit of the Customs department, and not an independent gazetted officer as required by law. He had also submitted that Faridah was in custody for nearly four years with no witness examined so far. The court agreed with the contention of the lawyer and said that the conditions for search under section 50 of the NDPS Act were not followed.

Justice Shyam C Chandak said in the order on July 1 that the non-compliance of the section on search and the grounds of long incarceration can be considered for grant of bail. The court granted bail on various conditions including that she give a bond of Rs 2 lakh, attend the court proceedings and surrender her passport with the Customs department.