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 imprisoned for nearly three years before the court’s decision, as reported by The Hindustan Times.
The couple, along with their child and Cynthia’s parents, was detained by the Dahisar police at a Mumbai checkpost, where authorities claimed to have discovered 24 kilograms of charas hidden in their vehicle. The narcotic was allegedly brought back to the city following their trips to Kashmir.
During the search, an additional 8 kilograms of charas were reportedly recovered from Cynthia’s father, Bandu Udanshive. Investigations suggested that the family used family vacations as a cover for smuggling significant quantities of the drug.
The investigation deepened when the Mumbai police arrested Gulzar Khan, a resident of Kashmir and the family’s alleged supplier, linking the operation back to the region.
The family’s connection to Kashmir and their repeated visits became pivotal elements of the case.
The couple sought bail on the grounds of parity, highlighting that Cynthia’s mother, Clara Udanshive, had been granted bail in September 2023.
Gulzar Khan, the alleged supplier, was also released due to procedural failures by the police. The defense argued that despite being incarcerated for over two-and-a-half years, their trial had yet to begin, with no indication that it would start soon.
Justice N.J. Jamadar, who presided over the case, accepted the defense’s arguments, emphasizing the excessive pretrial incarceration of nearly three years and the unlikelihood of the trial concluding within a reasonable timeframe.
“Given the large pendency of cases, it is extremely unlikely that the trial can be concluded within a reasonable period,” the court noted. The judge also pointed out that statutory restrictions on bail lose their significance when individuals are subjected to prolonged imprisonment without trial.
Additionally, the court 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.
This section mandates that samples of the narcotic must be taken before a magistrate within a reasonable period—a procedure the police had reportedly failed to follow.