Delhi court grants bail to Ugandan woman in narcotics smuggling case, deems arrest as illegal

Special Judge NDPS Gaurav Gupta granted bail to accused Ogola Mourine Atieno in a case registered by the Directorate of Revenue Intelligence DRI, observing that she was arrested in contravention of the procedure prescribed under Section 464 CrPC which prohibits the arrest of women after sunset and before sunrise, barring exceptional circumstances.

A Delhi court has granted bail to a Ugandan woman accused of smuggling narcotic substances, holding that her arrest violated mandatory legal safeguards applicable to women. Special Judge (NDPS) Gaurav Gupta granted bail to accused Ogola Mourine Atieno in a case registered by the Directorate of Revenue Intelligence (DRI), observing that she was arrested in contravention of the procedure prescribed under Section 46(4) CrPC which prohibits the arrest of women after sunset and before sunrise, barring exceptional circumstances. According to the prosecution, DRI officers intercepted the accused at Indira Gandhi International (IGI) Airport on May 1, 2025, after she arrived from Uganda via Doha, on the basis of specific intelligence. She was suspected of concealing contraband inside her body and was taken to Ram Manohar Lohia Hospital after a magistrate's permission, where she allegedly excreted seven capsules containing methaqualone and cocaine weighing 530 grams. The defence argued that the arrest was illegal as the accused was formally arrested at 9.15 pm on May 2, 2025, in violation of Section 46(4) CrPC. Even in exceptional circumstances, the provision mandates the arrest be made by a woman officer after making a written report, and obtaining prior permission of the concerned judicial magistrate. Accepting the contention, the court in its January 28 order said, ''The arrest memo clearly shows the date and time of arrest to be 02.05.2025 at 21:15 hours. It is clear that the accused was arrested after sunset.'' The court further noted, ''No written report was prepared in this regard by the lady officer and no prior permission was sought from the concerned Ilaka Magistrate/Duty Magistrate before effecting the arrest of the accused. As such, the arrest of the accused has been vitiated being in complete violation of the mandatory provisions of Section 46(4) CrPC.'' The court granted bail to Atieno subject to furnishing a personal bond of Rs 50,000 with one surety of the like amount. It also imposed conditions, stipulating that she shall not leave Delhi without court permission, mark attendance at the DRI office twice a month, and not indulge in any criminal activity during the bail period.

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