BA.No.981/2024
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NDPS.RA.1341/2024
MHCC020178692024
Presented on
Registered on
Decided on
Duration
: 29-11-2024
: 29-11-2024
: 10-12-2024
: 0 years, 0 months, 11 days
IN THE SPECIAL COURT FOR NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GREATER BOMBAY
BAIL APPLICATION (NDPS) NO.981 OF 2024
IN
NDPS REMAND APPLICATION NO.1341 OF 2024
Rani Anil Solanki
Age-38 years, Occupation-Housewife,
Add: Play House, Junction footpath,
Behind Alfred Cinema, Patte Bapurao
Marg, Grant road (East), Mumbai-400 043.

.. Applicant/Accused.

VERSUS
The State of Maharashtra
[at the instance of Dr. D.B.Marg Police
Station, vide LAC/CR.No.765/2024]
.. Respondent.

Ld. Advocate Mr. Jayant Parab for the Applicant/Accused.
Ld. APP Mrs. Sulbha Joshi for the State/Respondent.
CORAM : H.H. THE SPECIAL JUDGE (NDPS)
S. E. Bangar (Court Room No.42)
DATE : 10th December, 2024.
ORDER
1]
Introduction:
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NDPS.RA.1341/2024
This is an application filed by the applicant, Ms. Rani Anil
Solanki, seeking regular bail under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (hereinafter referred as BNSS), read
with Section 439 of the Cr.P.C., in connection with the alleged seizure
of 7.26 grams of Mephedrone (MD), a psychotropic substance, from her
possession.

The offence falls under Sections 8(c) and 22(b) of the
NDPS Act, 1985.
2]
Prosecution Case:
The prosecution alleges that the applicant was apprehended by
the D.B. Marg Police during routine patrolling. A search conducted as
per procedure revealed the possession of 7.26 grams of MD, which is a
non-commercial quantity.

The applicant was arrested, and the
contraband was seized under a duly executed panchanama.
3]
Applicant’s Contentions:
The applicant’s counsel submits the following arguments in support of
bail:
The contraband recovered (7.26 grams of MD) is a noncommercial quantity and does not attract the stringent provisions of
Section 37 of the NDPS Act. There is non-compliance with Section 42
of the NDPS Act, as the search was allegedly conducted by
unauthorized personnel. The applicant is falsely implicated and denies
the charges. The applicant is a permanent resident of Mumbai, with no
prior criminal antecedents, and there is no likelihood of her absconding
or tampering with evidence. The applicant is willing to comply with all
conditions imposed by the court.
4]
Prosecution’s Reply:
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NDPS.RA.1341/2024
The learned APP strongly opposes the bail application, raising the
following contentions:
The applicant’s residence is on a footpath, and there is no
assurance that she will appear for trial. Granting bail may lead to the
tampering of evidence and intimidation of witnesses. The applicant’s
arrest has revealed significant information, and further investigation is
required to apprehend other accused linked to the crime.

The
provisions of Sections 35 and 37 of the NDPS Act impose stringent
conditions for granting bail in narcotics cases.
5]
Legal Provisions Considered:
The court has considered the following provisions of the NDPS Act:
Section 35: Presumption of culpable mental state.
Section 37: Restrictions on granting bail, applicable for offenses
involving commercial quantities.
Section 42: Procedure for search, seizure, and arrest.
Section 50: Conditions for personal search.
Section 52A: Disposal of seized narcotic drugs.
Section 54: Presumption of possession of illicit articles.
Section 67: Power to call for information and examine persons.
6]
Analysis:
The contraband seized from the applicant is 7.26 grams of MD,
which is a non-commercial quantity. The rigorous conditions of Section
37 are, therefore, not attracted.
However, non-compliance with procedural safeguards under
Sections 42 and 50 of the NDPS Act is a serious issue. In State of
Punjab v. Baldev Singh, [(1999) 6 SCC 172], the Hon’ble Supreme
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NDPS.RA.1341/2024
Court held that compliance with Section 50 is mandatory, and any
violation renders the recovery illegal.
The applicant’s permanent residence and lack of prior criminal
antecedents favor her release on bail. In Mohammad Yasin v. State of
Gujarat, [(2020) SCC Online SC 853], the Supreme Court emphasized
that accused persons with no criminal history and limited contraband
possession should be considered for bail.
7]
Settled Legal Position:
The court has taken into account landmark judgments, including:
Tofan Singh v. State of Tamil Nadu, [(2020) 4 SCC 1]:
Confessions under Section 67 of the NDPS Act are inadmissible
unless corroborated by other evidence.
Union of India v. K.A. Najeeb, [(2021) 3 SCC 713]:
Bail can be granted in cases where the accused is unlikely to flee
or tamper with evidence.
Arnesh Kumar v. State of Bihar, [(2014) 8 SCC 273]:
Emphasized that liberty should not be curtailed arbitrarily,
especially when the accused is willing to cooperate.
Sujit Tiwari v. State of Gujarat, [(2020) SCC Online Guj 1453]:
Highlighted that bail in non-commercial quantity cases should be
considered leniently, provided the accused has no criminal antecedents.
8]
Findings:
The applicant is a housewife, with no prior criminal record, and
is unlikely to abscond. The procedural lapses alleged by the applicant
require scrutiny during trial.

The contraband is of non-commercial
quantity, mitigating the stringency of bail restrictions under Section 37.

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NDPS.RA.1341/2024
Considering the submissions and legal position, the application for bail
is allowed. Hence, the following order is passed:
Order
1.

Bail Application (NDPS) No.981 of 2024 is hereby allowed and
disposed of.
2.

Applicant/Accused Rani Anil Solanki, age-38 years, resident of
Play House Junction footpath, behind Alfred Cinema, Patte Bapurao
Marg, Grant Road (East), Mumbai, be released on bail upon furnishing
a personal bond of Rs.75,000/- (Rupees Seventy-Five Thousand) with
one surety in the like amount, in connection with CR.No.765 of 2024 of
Dr. D.B. Marg Police Station, Mumbai, for the offences punishable
under Sections 8(c) and 22(b) of the Narcotic Drugs and Psychotropic
Substances Act, 1985.
3.

The applicant/accused shall furnish the proofs of her photo
identity and permanent and local residential addresses as well as
telephonic contact details to the Investigating Officer and before the
Court.
4.

The applicant/accused shall attend Dr. D.B. Marg Police Station
on every Monday and Thursday between 10.00 a.m. and 2.00 p.m.
until the conclusion of the trial and as and when required by the
Investigating Officer for investigation and shall co-operate with the
Investigating Officer in completion of the investigation until further
orders.
5.

The applicant/accused shall not hamper, tamper or intimidate
the informant, panchas or any witnesses of the prosecution, so as to
dissuade them from disclosing the facts of the crime before the
Investigating Officer or in any inquiry or trial.

BA.No.981/2024
6.

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NDPS.RA.1341/2024
The applicant/accused shall not indulge in similar or graver
offences while on bail.
7.

The applicant/accused shall surrender his Passport, if any, to the
Investigating Officer.
8.

The applicant/accused shall not leave the jurisdiction of this
Court till completion of the investigation without intimating about her
residential addresses as well as telephonic contact details to the
Investigating Officer.
9.

Failure to comply with any condition shall result in cancellation
of bail.
10.

Copy of this order be communicated to the accused through
Superintendent of the Mumbai Central Prison, Arthur road through
Email or by e-Prison application.
SHASHIKANT
EKNATHRAO
BANGAR
Date : 10.12.2024
Dictated on
Transcribed on
HHJ signed on
Digitally signed
by SHASHIKANT
EKNATHRAO
BANGAR
Date: 2024.12.17
18:04:21 +0530
(S.E. Bangar)
NDPS Special Judge &
Additional Session Judge,
City Civil & Sessions Court,
Gr. Bombay.
: 10.12.2024
: 17.12.2024
: 17.12.2024
BA.No.981/2024
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NDPS.RA.1341/2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
17.12.2024/ 6.03 p.m.
UPLOAD DATE AND TIME
(Mrs. Pradnya S. Naik)
NAME OF STENOGRAPHER (Grade-1)
Name of the Judge (With Court room no.)

Shri S.E. Bangar
(C.R. No.42)
Date of Pronouncement of JUDGMENT/ 10.12.2024
ORDER
JUDGMENT/ORDER signed by P.O. on
17.12.2024
JUDGMENT/ORDER uploaded on
17.12.2024