Mumbai, Maharashtra – A Special Judge for Narcotic Drugs and Psychotropic Substances (NDPS) cases in Greater Bombay has granted regular bail to Smt. Mumbadevi Ayyav Devendra, who was arrested with 8 grams of heroin. The ruling, delivered on December 28, 2018, by Special Judge Shri V.V. Vidwans (CR No. 42), highlighted that the quantity seized was non-commercial and that mere pendency of other cases cannot be the sole ground for denying bail.

Smt. Mumbadevi Ayyav Devendra, identified as Accused No. 1, had filed NDPS Bail Application No. 930/2018 under Section 439 of the Code of Criminal Procedure. She was apprehended by Pydhonie police station in connection with C.R. No. 289/18 for alleged offenses under Section 8(c) read with Section 21 of the NDPS Act.

Ld. Advocate Mr. V.P. Shinde, representing the applicant, argued that the 8 grams of “Gard powder” (heroin) recovered from Smt. Devendra’s possession was a non-commercial quantity. This crucial point, he submitted, meant that the stringent provisions of Section 37 of the NDPS Act – which impose stricter bail conditions for commercial quantities – were not applicable in her case. He further emphasized that the applicant is a woman with a permanent address, minimizing any flight risk. Mr. Shinde also stated that she is the sole earning member of her family and was willing to abide by any conditions imposed by the court, urging for her release as the investigation would take time to complete.

Conversely, Ld. APP Mr. S.S. Panjawani, appearing for the State, strongly opposed the bail application. While conceding that the seized quantity of heroin was not a commercial quantity, he pointed out that it was more than a small quantity. The APP’s primary contention was that Smt. Devendra is a “habitual offender” with several previous NDPS Act cases pending against her, specifically citing C.R. No. 243/14, C.R. No. 11/15, and C.R. No. 235/18. He argued that if granted bail, she was likely to abscond and continue committing similar offenses.

In a reply submission, Ld. Adv. Mr. Shinde countered the prosecution’s argument, stating that mere pendency of cases under the NDPS Act is not sufficient evidence to prove someone is a habitual offender, nor is it a sufficient ground to reject a bail application, citing a ruling of the Hon’ble Bombay High Court.

After reviewing the application, the State’s response, and considering the oral submissions, Judge V.V. Vidwans acknowledged that 8 grams of heroin was seized from the applicant, a woman. The court concurred that this quantity was non-commercial, though slightly more than a small quantity. Addressing the prosecution’s concern about her past record, the judge explicitly stated, “But as per settled legal position, mere pendency of criminal cases against the accused persons are not sufficient ground to reject bail application.”

Exercising judicial discretion, the court found it appropriate to grant bail subject to suitable conditions to ensure the applicant’s cooperation with the prosecution.

The court issued the following order:

1. Bail Application No. 930 of 2018 is hereby allowed.
2. Applicant Smt. Mumbadevi Ayyav Devendra shall be released upon executing a Personal Recognizance (P.R.) Bond of Rs. 25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties, one of whom must be a local surety, to the same extent.
3. The applicant is directed to attend Pydhonie police station for investigation purposes once a fortnight, specifically on the 1st and 3rd Saturday of the month, between 11:00 a.m. to 2:00 p.m., until the chargesheet is filed. In the I.O.’s absence, she should report to the PSO Incharge.
4. She shall not tamper with prosecution witnesses or evidence in any manner and must cooperate in the investigation.
5. She must furnish her cell/landline number and those of two nearest relatives or friends, preferably residing in Mumbai.
6. Proof of her identity and residence at Mumbai must be produced at the time of executing the bail bond.
7. The applicant shall not commit similar offenses while on bail.

The court explicitly warned that breach of any of these conditions would lead to the cancellation of bail.

The Bail Application No. 930/18 stands disposed of accordingly. The order was signed by the presiding officer on the same day it was dictated, December 28, 2018, and subsequently uploaded on January 3, 2019.