The High Court has refused bail to a Guatemalan woman who was intercepted carrying cocaine at Kempegowda International Airport (KIA) in March 2020.
Justice H P Sandesh said that the contention that the accused is in custody for two years and three months is not a ground to enlarge her on bail when an offence against the society at large is invoked.
The petitioner Herrera Valenzuela De Lopez, a native of Villancva (Guatemala), was intercepted and cocaine weighing 1.3 kg was recovered in her body, including the private parts.
On arrival at KIA on March 2, 2020, from Addis Ababa by an Ethiopian airlines flight, officers of Customs Intelligence Unit (CIU) had subjected her to an enquiry.
It was revealed that she had inserted a tube containing cocaine in her vagina. In all, 150 capsules were recovered from her body.
The petitioner contended that she is in custody for more than two years and claimed that charges have not been framed against her since a Spanish language translator is not available. Special counsel for the Customs Department submitted that the court has to take note of the modus operandi in the case transporting the contraband in capsules. It was argued that the petitioner had not only swallowed the capsules but also hidden them in her private parts.
Justice Sandesh noted that when an offence against the society at large is invoked, the contention that the accused is under custody for over two years cannot be a ground for granting bail. On the other contention that the charge has not been framed since a Spanish language translator is not available, the court said that it is the duty cast upon the prosecution to make arrangements to appoint a translator who is well versed with the Spanish language to assist the Court.
“Hence, the trial Court also endeavors to dispose of the matter as early as possible since the petitioner is in custody from two years three months,” the court said.
Published 29 June 2022, 19:26 IST