Mumbai, Maharashtra – A Special Judge for Narcotic Drugs and Psychotropic Substances (NDPS) cases at Greater Bombay has granted regular bail to Smt. Mumbadevi Ayyav Devendra, who was arrested for allegedly possessing 8 grams of heroin. The order was issued on November 15, 2018, by Special Judge V.V. Vidwans in Criminal Bail Application No. 816 of 2018.

Devendra was arrested on November 8, 2018, by Pydhonie Police Station in connection with C.R. No. 235/18 for offenses under the NDPS Act, 1985.

Key Arguments and Court’s Rationale

Mr. V.P. Shinde, the learned advocate for the applicant, argued that the seized quantity of heroin, 8 grams, is “just above small quantity” but significantly not a commercial quantity. This distinction, he emphasized, is crucial because it means the stringent provisions of Section 37 of the NDPS Act, which impose strict conditions for bail, are not applicable. Mr. Shinde also highlighted that the accused is a woman with a permanent residence in Mumbai, for which an Aadhaar Card photocopy was submitted as proof. He contended that she has roots in society and is not likely to abscond.

Regarding the prosecution’s mention of two pending criminal cases (C.R. Nos. 243/14 and 11/15) under the NDPS Act against her, Mr. Shinde cited several judgments from the Hon’ble Bombay High Court to argue that mere pendency of cases is not sufficient to label someone a habitual offender or to deny bail.

Mr. P.S. Tawade, the learned APP for the State, strongly opposed the bail application. He relied on the investigating officer’s (IO) statement, asserting that the accused was arrested red-handed with 8 grams of heroin and is a “habitual offender” due to the two pending cases. He also expressed concerns that she might change her name and identity, abscond, and that the investigation was still in progress.

Special Judge V.V. Vidwans thoroughly reviewed the bail application, remand papers, oral submissions, and the precedents cited by the defense. The court unequivocally agreed that the seized quantity of 8 grams of heroin is not a commercial quantity, thereby confirming that Section 37 of the NDPS Act is indeed inapplicable.

The court reiterated that the accused is a woman and a permanent resident of Mumbai, as verified by her Aadhaar Card. Crucially, the court accepted the legal principle laid down by the Bombay High Court in the cited cases, ruling that “mere pendency of the cases against the accused cannot be sufficient ground to treat her habitual offender and bail cannot be denied simply on that ground.”

Given these factors, the court concluded that it possessed the discretionary jurisdiction to grant bail, subject to appropriate conditions.

Bail Conditions Imposed

The court allowed Bail Application No. 816 of 2018, ordering Smt. Mumbadevi Ayyav Devendra’s release on her executing a Personal Recognizance (P.R.) Bond of Rs. 25,000/- (Rupees Twenty Five Thousand Only) with one or two local sureties of the same amount. The bail is subject to the following conditions:

• Reporting to IO: The applicant must attend the Investigating Officer at Pydhonie Police Station once a fortnight, specifically on the 1st and 3rd Saturday of the month, between 11:00 AM and 2:00 PM, until the charge-sheet is filed. If the IO is absent, she must report to the Police Station Officer (PSO) In-charge.
• No Tampering: She shall not tamper with prosecution witnesses or evidence in any manner and must cooperate in the investigation.
• Contact Information: She must furnish her cell/landline number and the numbers of two nearest relatives or friends, preferably residing in Mumbai.
• Proof of Identity and Residence: She must produce proof of her identity and residence in Mumbai at the time of executing the bail bond.
• No Similar Offenses: She shall not commit a similar offense while on bail.

The order explicitly states that any breach of these conditions would entail the cancellation of her bail. The bail application was accordingly disposed of.