Mumbai, October 25, 2018 – In a significant development, the Special Judge for NDPS Cases at Greater Mumbai, M. S. Mungale, has granted bail to Smt. Savitri Periswami Devendra, 52, who was accused in a Narcotic Drugs and Psychotropic Substances (NDPS) Act case. The order, issued on October 23, 2018, allows Devendra to be released on bail with stringent conditions, despite her being a “habitual offender” as alleged by the prosecution.
Smt. Savitri Periswami Devendra, currently in judicial custody, had filed Bail Application No. 745 of 2018 under Section 439 of the Code of Criminal Procedure. She was arrested in connection with NDPS C.R. No. 288 of 2018, registered by Antop Hill Police Station on October 6, 2018.
The Prosecution’s Case and Opposition to Bail
According to the prosecution, during a raid on October 6, 2018, 6 grams of heroin powder were allegedly seized from Devendra’s possession. Subsequently, on October 9, 2018, an additional 61 grams of heroin powder were attached through a discovery made under Section 27 of the Evidence Act. The total alleged seizure amounted to 67 grams of heroin.
The Learned Assistant Public Prosecutor (A.P.P.), Mr. P. S. Tawde, opposed the bail application vehemently. He contended that the seized contraband, totaling 67 grams, was above small quantity but below commercial quantity.
Furthermore, Mr. Tawde highlighted Devendra’s extensive criminal history, stating that police records indicated six criminal cases registered against her at Antop Hill Police Station under Section 8(c) read with Sections 21 and 29 of the NDPS Act. Additionally, he informed the court that four more criminal cases under Section 8(c) read with Section 21 of the NDPS Act were registered against her with the Anti-Narcotics Cell (A.N.C.), Mumbai. Citing these numerous cases, the A.P.P. labeled Devendra a “habitual offender” and expressed concerns that if granted bail, she would continue to engage in illegal activities.
The prosecution also raised doubts about Devendra’s residential address. While she provided an address in Salamati Hill, S.R.A. C.H.S., Mukundrao Ambedkar Road, Sion Koliwada, the Investigating Officer (I.O.) claimed that her hutment residence had been demolished for new construction, suggesting she might abscond if released on bail.
Defence Arguments and Court’s Observations
Mr. Ayaz Khan, the learned advocate representing Smt. Savitri Periswami Devendra, countered the prosecution’s claims. He argued that only one criminal case regarding a small quantity for personal consumption was pending against his client, and in other cases, she had either been acquitted, discharged, or no charge-sheet had been filed. Mr. Khan further alleged that the police department had been harassing his client for many years by filing false criminal cases against her.
The court, after hearing both sides, made several key observations. It acknowledged that the total alleged seizure of 67 grams of heroin indeed fell between “small quantity” and “commercial quantity.” Crucially, this meant that the bar under Section 37 of the NDPS Act, which imposes strict conditions for bail in cases involving commercial quantities, was not applicable to Devendra’s case.
The court also considered the defence’s submission of four photocopies of certified judgments and orders from the trial court or the High Court, indicating that Devendra had been discharged from prosecution in four previous matters.
However, the court could not overlook the fact that criminal cases under the NDPS Act had been lodged against Devendra since 1994. Recognizing her history, the Judge emphasized the need for stringent conditions if bail were to be granted, to ensure she would not re-offend.
Regarding the residential address dispute, the court noted that Devendra had submitted photocopies of her Pan card, Aadhar card, identity card issued by Bharatiya Kamgar Karmachari Mahasangh, and a copy of her ration card as proof of residence. The Investigating Officer, despite claiming the building was demolished, failed to provide any proof to that effect on record.
Bail Granted with Strict Conditions
Ultimately, the court allowed Bail Application No. 745/2018, releasing Smt. Savitri Periswami Devendra on bail with the following conditions:
- Personal Release (P.R.) bond of Rs. 50,000/- and surety of the like amount.
- Devendra is entitled to submit one or more sureties to match the surety amount.
- She has been granted one month to arrange for the sureties. In the interim, she can be released on provisional cash security of Rs. 50,000/-.
- Before her release, she must submit her address proof and photograph on record.
- Upon release, Devendra is required to report to the Antop Hill Police Station every Friday between 9:00 a.m. and 11:00 a.m. until the final disposal of the criminal case against her.
- She must maintain a diary to record her reports to the police station.
- Two consecutive defaults in reporting will result in the cancellation of her bail bonds.
- Devendra is strictly prohibited from tampering with the prosecution evidence.
The application stands disposed of accordingly. The order was dictated on October 23, 2018, transcribed on October 25, 2018, and signed on October 25, 2018, before being uploaded the same day.