IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 844 OF 2022
IN
C.R. No.47/2022
Akkatai Ramesh Devras.
Age : 51 yrs., Occu. : Nil
R/o : RNA 9/716,
Sangam CHS. RNA Plaza,
Ram Mandir Road,
Goregaon (W),
Mumbai , Maharashtra 400 104.
…Applicant
V/s.
The State of Maharashtra
Goregaon Police Station.
…Respondent
Appearance :Mr.Baraskar, Adv. for applicant/accused.
Mr. Rajput, APP for respondent/State.
CORAM : HIS HONOUR THE SPECIAL JUDGE
V. V. PATIL (C.R. NO. 44).
DATE
: 9th May, 2022
ORDER
The present application for grant of bail has been filed by accused
Akkatai Ramesh Devras u/sec. 439 of Cr.P.C., who has been arrested by
the officers of respondent on 08.04.2022 for violation of the offences
punishable u/sec. 8(c) r/w 20(b) of NDPS Act, 1985 in C.R. No.
47/2022.
2.

It is the case of prosecution that on 08.04.2022 at around 12.25
hrs., the Officers of respondents were on patrolling duty. When they
reached near one Autorickshw at Gandhingar, near Anganwadi area S.V
Road, Goregaon (W) they found applicant in suspicious condition
hence, she was apprehended and searched. During search 1.2 Kg of
Ganja was recovered from her. Thereafter applicant was placed under
arrest.
3.

The present applicant/accused has sought bail on the grounds
that she has been falsely implicated in the case. The quantity of Ganja
allegedly recovered from the applicant is 1.2 Kg of Ganja which falls
under category of non-commercial quantity. Therefore, the rigors of Sec.
37 of NDPS Act will not apply in the instant matter. Investigation is
completed and no purpose will be served by detaining the applicant in
the judicial custody. Applicant is permanent resident of Mumbai. The
accused is ready to abide by all the terms and conditions imposed by
this Court. Therefore he prayed for releasing him on bail.
4.

Application is opposed by the respondent by filing say vide Exh.2.

It is contended that 1.2 Kg of Ganja of intermediate quantity has been
recovered from the applicant. The punishment is prescribed for the
offence is imprisonment upto 10 years. The investigation is in progress.
If applicant is granted bail, she may abscond and may not be available
for trial and she may commit similar kind of offence. Hence, it is
submitted that application be rejected.
5.

Perused application and say. Heard both sides.

6.

Perusal of record shows that while petrolling the officers of
respondent found applicant in suspicious condition hence, she was
apprehended and searched. During search 1.2 Kg of Ganja was found in
her possession which came to be seized under panchanama. Thus, it is
reflected that 1.2 Kg of Ganja has been recovered from the applicant.
Admittedly, the quantity recovered from the applicant is noncommercial quantity and hence stringent provisions of Sec. 37 of NDPS
Act would not apply.
7.

It is submitted on behalf of applicant that she is resident of
Mumbai and she is not likely to abscond and she will not tamper with
the prosecution evidence. Further more, applicant is ready to abide by
any conditions imposed by the Court. There are no criminal antecedents
to the dis-credit of the applicant. Recovery has been completed and
nothing is remained to be recovered. No purpose would serve by
keeping the applicant behind the bars. Hence I hold that application
deserves to be allowed and applicant is entitled to be released on bail.
Hence the following order :
ORDER
1. Bail Application no. 844/2022 is hereby allowed.
2. Applicant/accused Akkatai Ramesh Devras be released in C.R. No.
47/2022 on executing P. R. Bond of Rs.20,000/- (Rs. Twenty Thousand
only) with one or two sureties in the like amount.
3. Applicant/accused to attend the Goregaon police station on every
Monday between 2.00 p.m. to 5.00 p.m. till filing of charge-sheet.
4. Applicant/accused and her sureties shall provide their respective
mobile
numbers
and
correct
address
of
residence
alongwith names of two relatives with their mobile numbers and
addresses.
5. Applicant/accused shall produce the proof of her identity and
proof of residence at the time of executing the bail bond.
6.
Applicant/accused
shall
not
tamper
with
prosecution
witnesses/evidence in any manner and co-operate in early disposal of
trial.

7. Applicant/accused shall not commit similar offence while on
bail.
8. Ld. Advocate for applicant/accused prayed for allowing
provisional cash bail for period of eight weeks. Hence, permission
granted to furnish provisional cash bail of Rs.20,000/- for period of
eight weeks.
9. Accordingly, Bail Application no. 844/2022 is disposed off.

(V. V. PATIL)
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Mumbai.

Date : 09/05/2022
Dictated on
Transcribed on
Signed on
: 09.05.2022
: 09.05.2022
: 09.05.2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
09.05.2022
TIME
NAME OF STENOGRAPHER
12.30 p.m.

Mrs. S. W. Tuscano
Name of the Judge
HHJ Shri V. V. Patil
(CR No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
Judgment/order uploaded on
09.05.2022
09.05.2022
06.06.2022