SRINAGAR: The Bombay High Court has granted bail to Cynthia Udanshive and her husband Jasar Shaikh, who were accused of smuggling large quantities of charas during their frequent family trips to Kashmir. The couple, arrested in October 2021, had been incarcerated for nearly three years, The Hindustan Times reported.
The couple, along with their child and Cynthia’s parents, was apprehended by the Dahisar police at a Mumbai checkpost. Authorities claimed to have found 24 kilograms of charas hidden in their vehicle—a staggering amount that was reportedly smuggled back to the city after their trips to Kashmir. An additional 8 kg of charas was allegedly recovered from Cynthia’s father, Bandu Udanshive, during the search. Investigations revealed that the family had been travelling to Kashmir under the pretext of family vacations and returning with substantial quantities of the narcotic.
Further deepening the case, the newspaper reported the Mumbai police arrested their alleged supplier, Gulzar Khan, a resident of Kashmir, linking the smuggling operation back to the region. The family’s connection to Kashmir and their repeated visits were crucial aspects of the investigation.
The couple sought bail on the grounds of parity, noting that Cynthia’s mother, Clara Udanshive, had already been granted bail in September 2023. Gulzar Khan, the alleged supplier, had also been released due to procedural failures on the part of the police. The defence highlighted that despite being imprisoned for over two-and-a-half years, their trial had yet to commence, and there were no indications that it would proceed soon.
Justice NJ Jamadar, while reviewing the case, accepted the arguments presented by the defence. He emphasised the excessive pretrial incarceration of almost three years and acknowledged the improbability of the trial concluding in a reasonable time. “Given the large pendency of cases, it is extremely unlikely that the trial can be concluded within a reasonable period,” the court ruled according to the newspaper. The judge further noted that statutory restrictions on bail lose their weight when individuals are subjected to long periods of imprisonment without trial.
The bench also cited non-compliance with Section 52A of the Narcotic Drugs and Psychotropic Substances Act, 1985, as a key factor in granting bail to Jasar Shaikh. The section mandates that samples of the narcotic must be taken before a magistrate in a reasonable period, a procedure the police had reportedly failed to follow.
