Mumbai, Maharashtra – Smt. Jayamma Manikkam Devendra, a 70-year-old woman, has been granted bail by the Special Judge for NDPS Cases at Greater Mumbai. The order, issued on October 16, 2018, by Special Judge M. S. Mungale (C.R. No. 44), allows her release despite initial objections from the investigating officer.
Devendra, identified as Accused No. 2, was arrested in N.D.P.S. C.R. No. 288 of 2018 by Antop Hill Police Station on October 6, 2018. She faced charges related to the seizure of 6 grams of Heroin from her possession. Her application for bail was filed under Section 439 of the Code of Criminal Procedure.
Prosecution’s Objections and Court’s Reasoning
The Investigating Officer (I.O.) opposed the bail application, arguing that Devendra was a “habitual offender” and had not disclosed the source of the seized Heroin. The I.O. also raised concerns about her residential address, stating that her house had been demolished for new construction, leading to doubts about her current residence and a fear that she might abscond if released.
However, the learned Advocate for Devendra, Mr. Ayaz Khan, countered these claims. The court, after hearing arguments from both sides and reviewing the application, found that the quantity of Heroin seized (6 grams) was above small quantity but below commercial quantity. This classification is crucial under the NDPS Act because it means the stringent bar of Section 37 of the N.D.P.S. Act does not apply, giving the court greater discretion to grant bail.
Judge Mungale further noted that Devendra is a 70-year-old lady and that her “permanent residence on the address mentioned in the application” had already been verified by the I.O. This directly addressed the prosecution’s concern about her address and flight risk.
The court concluded that, considering the non-commercial quantity of contraband and her age, there was “no reason to keep the applicant/accused behind the bar for further period.”
Bail Conditions
Smt. Jayamma Manikkam Devendra has been released on bail upon executing a Personal Recognizance (P.R.) bond of ₹15,000 and providing a surety for the like amount.
The order also includes the following conditions:
- She is entitled to provide a provisional cash security of ₹15,000 for six weeks until the arrangement for the surety is made.
- Before her release, she must submit her address proof and photograph on record.
- She shall not tamper with prosecution evidence.
The bail application has been disposed of, allowing Devendra to return home while her case proceeds. This decision underscores the judiciary’s consideration of factors such as the quantity of contraband seized and the personal circumstances of the accused, especially age, in bail proceedings.