IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 1019 OF 2022
IN
C.R. No. 68/2022
Radha Rama Konchikorve
Age- 60 years, Occ.- Housewife
R/o : Room No.6, Khot Chawl,
Near Gaondevi ground,
Vidhyavihar Station Road
Gaondevi, Kurla (w) Mumbai.
…Applicant
V/s.
The State of Maharashtra
ANC, Worli Unit
…Respondent
Appearance :Mr. Gaikwad with Mr. Salsingikar, Advs. for applicant/accused.
Mr. Rajput, APP for state/respondent.
CORAM : HIS HONOUR THE SPECIAL JUDGE
V. V. PATIL (C.R. NO. 44).
DATE
: 18th May, 2022
ORDER
The applicant/accused Radha Rama Konchikorve has moved
present application for bail u/sec. 439 of Cr.P.C., who was arrested on
18.04.2022 by officers of Respondent in C.R. No.68/2022 for offence
punishable u/sec. 8(c) r/w 20 (b) of NDPS Act, 1985.
2.

It is the case of the prosecution that on 18.04.2022 the officers
of the respondent, found applicant in suspicious condition near open
ground, Khot Chawl, behind P.M.G.P. colony, Vidhyavihar Station Road,
Kurla (w), hence she was stopped and two panchas were called.
Applicant was found in possession of 3 Kgs. 360 gms. of Ganja. Same
was seized under panchnama and the accused was placed under arrest.
3.

The present applicant/accused has sought bail on the grounds
that she is falsely implicated in the present case. She is senior citizen.

-2-
The contraband seized by the prosecution is 3 Kgs. 360 gms. of
Ganja which is of non-commercial quantity and bar of sec. 37 of
NDPS Act is not applicable. Applicant is ready to abide by any
condition imposed by the Court. Applicant is permanent resident of
Mumbai and not likely to abscond. Hence she prayed for releasing
her on bail.
4.

Application is opposed by respondent by filing say. It is
submitted that quantity seized from accused is intermediate
quantity. Applicant is habitual offender. There are 15 to 18 cases
registered against her under provisions of Bombay Prohibition Act.
If applicant is granted bail she may abscond and may commit
similar type of offence. Hence it is prayed that application be
rejected.
5.

Perused application and say. Heard both sides. It is reflected
from the papers that while patrolling applicant was found in
possession of 3 kgs. 360 gms. of Ganja which came to be seized
under panchnama.
6.

Now, admittedly the contraband seized from the applicant
falls under category of non-commercial quantity. Hence stringent
provisions of sec. 37 of NDPS Act are not applicable. Furthermore,
recovery is completed and nothing is remained to be recovered.
7.

Prosecution opposed the application on the ground that
applicant is habitual offender and there are 15 to 18 cases
registered under Bombay Prohibition Act against the applicant and
if she is granted bail, she may commit similar offence. However
respondent has not mentioned crime numbers or names of police
-3-
station in which cases are registered against the applicant. It is
submitted on behalf of the applicant that she is not convicted for
any offence. This fact is not disputed by Ld. APP during course of
argument. Hence it cannot stated that applicant is habitual
offender. Applicant cannot be denied bail merely because some
cases are registered against her, if otherwise she is entitled to be
released on bail.
8.

As submitted by the applicant, she is ready to abide by any
condition imposed by the Court. She is permanent resident of
Mumbai and not likely to abscond. No purpose would be served by
keeping the applicant behind the bars. Hence I hold that
application deserves to be allowed. Hence I proceed to pass
following order :
ORDER
1. Bail Application no. 1019/2022 is hereby allowed.
2. Applicant/accused Radha Rama Konchikorve be released in
C.R.No. 68/2022 on executing P. R. Bond of Rs.20,000/- (Rs.
Twenty Thousand only) with one surety in the like amount.
3. Applicant/accused to attend the office of ANC Worli Unit on
every Thursday between 2.00 p.m. to 5.00 p.m. till filing of chargesheet.
4. Applicant/accused and her surety 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
-4-
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. 1019/2022 is disposed off.

(V. V. PATIL)
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Date : 18.05.2022
Dictated on
Transcribed on
Signed on
Gr. Mumbai.

: 18.05.2022
: 18.05.2022
: 18.05.2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
18.05.2022
TIME
NAME OF STENOGRAPHER
5.30 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
18.05.2022
18.05.2022
18.05.2022