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BA 931/18 (RA 1212/18)
IN THE COURT OF SPECIAL JUDGE FOR N.D.P.S CASES FOR
GREATER BOMBAY AT MUMBAI
NDPS BAIL APPLICATION NO.931/2018
IN
N.D.P.S. R.A. No. 1212/2018
Smt. Pushpa Bhaskar Poojari
..Applicant/A­2
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.2. 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.2
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. As per
prosecution case, during a raid conducted by police, 8 grams of Gard
powder (Heroin) has been recovered from the possession of accued
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BA 931/18 (RA 1212/18)
no.1 Mumbadevi Devendra. During her interrogation, name of present
applicant/ accused no.2 has been revealed and therefore, she has been
arrested in this case.
4.

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.2 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. No recovery has been made from
the possession of present applicant. She has been arrested on the basis
of statement of co­accused, which is not admissible in law.

Accused
no.2/ 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.
During the raid, the present applicant/ accused had ran away by taking
advantage of crowd. 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.

I have gone through the grounds stated in the bail
application and considered the say filed on record. I have also taken
into consideration oral submissions of Ld. Counsels for both sides.

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7.

BA 931/18 (RA 1212/18)
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 the possession of co­accused in raid conducted by
Pydhonie police. It is not a commercial quantity. It is slightly more than
small quantity. No recovery has been made from this applicant/
accused. Hence, in view of above circumstances, 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.931 of 2018 is hereby allowed.

2.

Applicant/ accused no.2 Smt. Pushpa Bhaskar Poojari
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
attendance to the PSO Incharge.

4.

The applicant/ accused shall not tamper with
prosecution witnesses/evidence in any manner and
co­operate in the investigation.

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5.

BA 931/18 (RA 1212/18)
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.931/18
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 931/18 (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