Mumbai, Maharashtra – In a recent ruling, the Special Judge for NDPS Cases at Greater Mumbai, V. V. Patil, has granted bail to Pushpa Arunselvam Puniya, a 50-year-old resident of Borivali, who was arrested for alleged possession of Ganja. The bail was granted in Bail Application No. 657 of 2022, pertaining to Spl. LAC No. 104 of 2022.
Pushpa Puniya was arrested on February 26, 2022, by Borivali Police Station for an offense punishable under Section 8(c) read with 20(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
Details of the Prosecution’s Case
According to the prosecution, on February 26, 2022, at approximately 2:10 PM, the police received specific intelligence that a woman named Pushpa Selvam, matching Puniya’s description and age, would be selling Ganja to customers between 3:00 PM and 5:00 PM opposite the Telephone Exchange on Simpoli Road, Shivaji Nagar, Borivali (West), Mumbai.
Acting on this information, a trap was laid, and a raid was conducted. Pushpa Puniya, who matched the description and whose movements were deemed suspicious, arrived at the spot and was intercepted. A subsequent search of her person allegedly resulted in the recovery of 515 grams of Ganja. This quantity was seized under a panchanama (witnessed document), and Puniya was subsequently arrested.
Defense Arguments for Bail
The applicant, Pushpa Arunselvam Puniya, through her advocate Mr. Lala, sought bail on grounds of false implication and innocence. Her primary contention was that the quantity of contraband allegedly recovered, 515 grams of Ganja, falls under the category of a “small quantity.” Therefore, she argued that the stringent provisions of Section 37 of the NDPS Act, which impose strict conditions for bail in cases involving commercial quantities, would not be applicable to her.
Furthermore, the defense highlighted a “gross violation of Section 50(4) of the NDPS Act,” asserting that the norms of decency for the search of a woman were violated as the search was conducted by a male officer in the presence of other males. This, they argued, alone vitiated the entire search. The applicant also stressed that she is a permanent resident of Mumbai and not likely to abscond.
Prosecution’s Opposition
The respondent, the State of Maharashtra, represented by APP Mr. Rajput, opposed the bail application. The prosecution contended that the investigation was still in progress and labeled the applicant as a “habitual offender,” citing two other pending cases against her under the provisions of the NDPS Act at Borivali Police Station. They expressed concerns that if released on bail, she might not be available for trial and could potentially re-engage in similar offenses.
Court’s Rationale and Order
Special Judge V. V. Patil, after reviewing the application, the prosecution’s reply, and hearing arguments from both sides, observed that the recovered quantity of Ganja (515 grams) indeed constitutes a “small quantity.” The court noted that the punishment prescribed for this offense is up to one year, thereby confirming that the stringent provisions of Section 37 of the NDPS Act are not applicable in this case.
Regarding the prosecution’s argument about the applicant being a “habitual offender” with two pending NDPS cases, the court stated, “applicant cannot be denied bail merely because two cases are pending against her, if otherwise she is entitled to grant of bail.” The court further pointed out that the recovery was complete, and nothing further remained to be recovered in the current case.
The court also took into account that the applicant has a permanent address in Mumbai, reducing the likelihood of her absconding, and that she expressed willingness to abide by any conditions imposed by the court. The judge concluded that “no purpose will be served by keeping the applicant in the custody,” and therefore, the application deserved to be allowed.
Bail Conditions
The court has granted bail to Pushpa Arunselvam Puniya in Spl. LAC No. 104/2022 on the following conditions:
- She must execute a Personal Recognizance (P.R.) Bond of Rs. 15,000/- with one surety of the like amount.
- She is to attend the Borivali Police Station every Thursday between 2:00 PM to 5:00 PM until the charge-sheet is filed.
- She and her surety must provide their respective mobile numbers and correct residential addresses, along with the names, mobile numbers, and addresses of two relatives.
- She must produce proof of identity and residence at the time of executing the bail bond.
- She shall not tamper with prosecution witnesses/evidence in any manner and must cooperate in the early disposal of the trial.
- She shall not commit similar offenses while on bail.
- The court also allowed a provisional cash bail of Rs. 15,000/- for a period of eight weeks, as requested by the applicant’s advocate.
The Bail Application No. 657/2022 has been disposed of accordingly.