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BA 930/18 (RA 1212/18)
IN THE COURT OF SPECIAL JUDGE FOR N.D.P.S CASES FOR
GREATER BOMBAY AT MUMBAI
NDPS BAIL APPLICATION NO.930/2018
IN
N.D.P.S. R.A. No. 1212/2018
Smt. Mumbadevi Ayyav Devendra
..Applicant/A1
V/s.
The State of Maharashtra,
(at the instance of Pydhonie
police station,C.R. No.289/18)
…Respondents
Appearances:
Ld. Advocate Mr. V.P. Shinde for applicant/accused no.1.
Ld. APP Mr.S.S Panjawani for Respondent/State.
Coram :H.H.J The Special Judge (NDPS)
Shri. V.V. Vidwans (CR No.42).
(I/C C.R. No.43)
Date : 28.12.2018.
ORAL ORDER
1.
This is an application for grant of regular bail u/s. 439 of
Cr.P.C filed on behalf of applicant/ accused no.1. Say of respondent/
State was called and it is submitted on record on 24.12.2018. Seen and
considered the say.
2.
I have heard oral submissions of Ld. Adv. Mr. Shinde for
accused/ applicant and Ld. APP Mr. Panjawani for the State.
3.
It is submitted on behalf of the applicant/ accused no.1
that, Pydhonie police have arrested the applicant on 10.12.2018 for
allegedly committing offences u/s.8(c) r/w. 21 of NDPS Act. During the
search, police have recovered 8 grams of Heroin (Gard powder) from
the possession of the accused no.1/ applicant as per panchanama.
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4.
BA 930/18 (RA 1212/18)
It is submitted by Ld. Adv. Mr. Shinde that, the seized
quantity of the contraband Gard (Heroin) is noncommercial quantity,
therefore stringent provisions of Sec.37 of NDPS Act are not attracted.
Accused no.1 is a woman and having permanent address as given in the
application and hence, she is not likely to abscond. It will take quite
some time for completion of investigation in the case. No purpose will
be served by keeping the applicant/ accused behind bar as she is the
only earning member in her family. Accused no.1/ applicant is ready to
abide by the conditions, if any imposed by this Court. Hence,
application deserves to be allowed.
5.
Ld. APP has strongly opposed the application and relied on
the say and submitted that, thought quantity of seized contraband
Heroin is not commercial quantity, it is more than small quantity. The
accused is a woman but she is habitual offender and several cases under
NDPS Act are pending against her, which include cases in C.R.
No.243/14; C.R. No.11/15 and C.R. No.235/18 and hence, if bail is
granted to her she is likely to abscond and continue to commit similar
offences in future. Hence, application be rejected.
6.
In reply submission, Ld. Adv. Mr. Shinde for the accused
submitted that, mere pendency of cases under NDPS Act against the
accused is not sufficient evidence to prove that she is a habitual
offender. As per ruling of the Hon’ble Bombay High Court, that is not
sufficient ground to reject bail application.
7.
I have gone through the grounds stated in the bail
application and considered the say filed on record. I have also taken
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into consideration oral submissions of Ld. Counsels for both sides.
8.
It is clear from the evidence and circumstances of the case
that, the accused/ applicant is a woman and 8 grams of Gard (heroin)
has been seized from her possession by Pydhonie police in a raid
conducted by them. It is not a commercial quantity. It is slightly more
than small quantity. There are three cases pending against her under
NDPS Act. But as per settled legal position, mere pendency of criminal
cases against the accused persons are not sufficient ground to reject bail
application. In view of above circumstances, bail can granted to the
accused/ applicant by using discretion by this Court. Hence, I am of the
opinion that, if this application is allowed subject to suitable conditions,
it will serve the purpose of the prosecution. Hence, I proceed to pass
following order:
ORDER
1.
Bail Application No.930 of 2018 is hereby allowed.
2.
Applicant/ accused no.1 Smt. Mumbadevi Ayyav
Devendra shall be released on her executing
P.R.Bond of Rs.25,000/ (Rs. Twenty Five Thousand
Only) with one or two sureties, one of which should
be local surety, to the above extent.
3.
The applicant/accused to attend the Pydhonie police
station for the purpose of investigation once in a
fortnight on 1st and 3rd Saturday of the month
between 11.00 am to 2.00 pm till filing of the charge
sheet. If I.O is absent, then she should give
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attendance to the PSO Incharge.
4.
The applicant/ accused shall not tamper with
prosecution witnesses/evidence in any manner and
cooperate in the investigation.
5.
The applicant/ accused shall furnish her cell/
landline number and also of her two nearest relatives
or her two friends each, preferably residing in
Mumbai.
6.
The applicant/accused shall produce the proof of her
identity and proof of residence at Mumbai at the time
of executing the bail bond.
7.
The applicant/ accused shall not commit similar
offence while on bail.
In case of breach of any of the above conditions by
the applicant/accused, it would entail cancellation of
bail.
Bail Appln.No.930/18 stands disposed of accordingly.
Date: 28.12.2018
Dictated on: 28.12.2018
Transcribed on: 28.12.2018
HHJ signed on: 28.12.2018
(V.V. Vidwans)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR 42).
(I/C C.R. No.43)
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BA 930/18 (RA 1212/18)
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ ORDER.
UPLOADED ON : 3.1.2019.
TIME: 11.30 am
(NITIN V. UBALE)
SELECTION GR. STENOGRAPHER.
Name of the judge (with Court Room No.)
Shri V.V. Vidwans, Spl. Judge & Addl. Sessions
Judge (C.R. 42)
Date of pronouncement of Judgment/ Order
28.12.2018
Judgment/ order signed by P.O on
28.12.2018
Judgment/ order uploaded on
3.1.2019