Mumbai, Maharashtra – A Special Judge for Narcotic Drugs and Psychotropic Substances (NDPS) cases in Greater Bombay has granted regular bail to Smt. Pushpa Bhaskar Poojari, 52, who was arrested in connection with a heroin seizure. The order, issued by Special Judge Shri V.V. Vidwans (CR No. 42, I/C CR No. 43) on December 28, 2018, noted that the quantity of contraband seized was non-commercial and that no recovery was made directly from the applicant.

Smt. Pushpa Bhaskar Poojari, identified as Accused No. 2, had filed NDPS Bail Application No. 931 of 2018 after being arrested on December 10, 2018, by Pydhonie police in connection with C.R. No. 289/18. The charges against her fall under Sections 8(c) read with 21 of the NDPS Act, which pertain to the production, manufacture, possession, sale, purchase, transport, inter-state import/export, or use of narcotic drugs.

According to the prosecution, during a police raid, 8 grams of “Gard powder” (Heroin) were recovered from the possession of co-accused Mumbadevi Devendra. Smt. Poojari’s name reportedly emerged during the co-accused’s interrogation, leading to her arrest.

Ld. Advocate Mr. V.P. Shinde, representing Smt. Poojari, argued that the seized quantity of heroin (8 grams) was a non-commercial quantity, which meant that the stringent provisions of Section 37 of the NDPS Act, imposing stricter bail conditions for commercial quantities, were not attracted in her case. He emphasized that no recovery was made directly from Smt. Poojari’s possession, and her arrest was solely based on the statement of a co-accused, which is generally considered inadmissible in law as a sole basis for conviction or denying bail without corroborative evidence.

Mr. Shinde further highlighted that the applicant is a woman with a permanent address, reducing the likelihood of her absconding. He also submitted that she is the only earning member of her family and that no purpose would be served by keeping her incarcerated, especially as the completion of the investigation was likely to take time. He assured the court that Smt. Poojari was ready to abide by any conditions imposed for bail.

Ld. APP Mr. S.S. Panjawani, representing the State, opposed the bail application. While conceding that the seized quantity was not commercial, he argued that it was “more than small quantity” (for Heroin, small quantity is 5 grams and commercial quantity is 250 grams). The prosecution contended that during the raid, Smt. Poojari had “ran away by taking advantage of crowd,” suggesting a likelihood of her absconding if granted bail and potentially continuing to commit similar offenses in the future.

After considering the submissions from both sides and reviewing the case records, Judge V.V. Vidwans acknowledged that 8 grams of heroin were recovered from the co-accused, and that this was a non-commercial quantity, though “slightly more than small quantity.” Crucially, the court noted that “No recovery has been made from this applicant/accused.”

Based on these circumstances, the judge concluded that granting bail, subject to suitable conditions, would serve the purpose of the prosecution. The court did not find sufficient grounds to deny bail despite the prosecution’s concerns about absconding or repetition of offenses, particularly given the absence of direct recovery and the applicant being a woman.

The court allowed the bail application with the following conditions:

1. Smt. Pushpa Bhaskar Poojari shall be released on executing a Personal Recognizance Bond of Rs. 25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties, at least one of which must be a local surety.
2. She must attend the Pydhonie police station once in a fortnight on the 1st and 3rd Saturday of the month between 11:00 a.m. to 2:00 p.m. until the filing of the charge-sheet. If the Investigating Officer (I.O.) is absent, she should report to the PSO Incharge.
3. She shall not tamper with prosecution witnesses/evidence in any manner and shall cooperate with the investigation.
4. She must furnish her cell/landline number and those of two nearest relatives or two friends (preferably residing in Mumbai) to the police.
5. She must provide proof of her identity and residence at Mumbai when executing the bail bond.
6. She shall not commit any similar offense while on bail.

The order explicitly states that any breach of these conditions would entail the cancellation of her bail.