Mumbai, September 29, 2018 – A Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) Act cases in Greater Mumbai has granted bail to Shashikala Prakash Arundudhi, a 27-year-old housewife, who was arrested in possession of 53.500 grams of heroin. The court, presided over by Special Judge V.V. Vidwans, determined that the seized quantity was “non-commercial,” thereby not attracting the stringent bail provisions of Section 37 of the NDPS Act.
Arundudhi was arrested on September 10, 2018, near Masjid Bunder Railway Station by Pydhonie Police during a patrolling duty. The police alleged that they recovered the heroin from her during a search, as per the panchanama (witnessed search report).
Arguments Presented
Advocate V. P. Shinde, representing Arundudhi, argued that his client had been falsely implicated. He emphasized that the recovered quantity of 53.500 grams of heroin falls under the “non-commercial quantity” category as per the NDPS Act, meaning the strict twin conditions for bail under Section 37 are not applicable. Shinde further highlighted that Arundudhi is a woman, a permanent resident of Mumbai, and has no prior criminal antecedents, making her unlikely to abscond. He also requested provisional cash bail for six weeks, citing her inability to furnish immediate surety.
Mr. Panjwani, the learned Additional Public Prosecutor (APP) for the State, strongly opposed the bail application. He argued that there was prima facie evidence against the accused, as she was caught “red-handed” with the heroin. He expressed concerns that granting bail would lead to her absconding, thus hindering the ongoing investigation and her availability for trial.
Court’s Decision
After considering the submissions from both sides and the circumstances of the case, Special Judge V.V. Vidwans observed that the seized 53.500 grams of heroin was indeed a non-commercial quantity. The court also noted that the accused is a woman and has a fixed residence in Mumbai.
Given that Arundudhi was in custody due to her inability to furnish surety, the court deemed it just and proper to grant her provisional cash bail for six weeks. This provision allows her immediate release while she arranges for a solvent surety.
Bail Conditions
The court allowed Bail Application No. 647/2018, releasing Shashikala Prakash Arundudhi on bail subject to the following conditions:
- P.R. Bond and Sureties: She must execute a Personal Release (P.R.) Bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one or two local solvent sureties.
- Provisional Cash Bail: She is allowed to deposit a provisional cash bail of Rs. 50,000/- in the court for a period of six weeks, after which she must furnish the regular surety bond.
- Police Reporting: She shall report to the Investigating Officer (I.O.) of the concerned police station on every 1st and 3rd Monday of the calendar month between 3:00 p.m. to 6:00 p.m. until the filing of the charge-sheet. If the I.O. is absent, she must report to the In-charge of the police station.
- No Tampering: She shall not directly or indirectly make any inducement or threat to any prosecution witnesses and shall not in any manner tamper with the prosecution evidence.
- Cooperation: She shall cooperate for the early disposal of the case.
- Breach of Conditions: Any breach of the imposed conditions or any attempt to delay the trial will make her liable for cancellation of bail.
The bail application stands disposed of.