Cri.BA.No.625/2024
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IN THE SPECIAL COURT FOR NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GREATER BOMBAY
CRIMINAL BAIL APPLICATION NO.625 OF 2024
CNR NO.MHCC02-004130-2024
Rubina Babumiya Sardar
.. Applicant/Accused.

VERSUS
The State of Maharashtra
(through Malvani Police Station,
vide Spl.LAC.No.290 of 2024.)

.. Respondent.

Advocate Mr. Sherali Khan for the Applicant/Accused.
APP Ms. Geeta Nayyar for the State/Respondent.
CORAM : H.H. THE SPECIAL JUDGE (NDPS)
SHRI. A.V. KHARKAR
(C.R.NO.42)
DATE : 02nd April, 2024.
ORDER
1.

This is an application for bail by applicant/accused Rubina
Babumiya Sardar who has been arrested by Malvani Police Station in
Special LAC.CR.No.290 of 2024, for the offence punishable under
Section 8(c) read with Section 20(B) of the Narcotic Drugs and
Psychotropic Substance Act, 1985, (for short, ‘NDPS Act’).
2.

The case of the prosecution is that on 29.02.2024 during the
routine course of patrolling the police party saw the applicant. She was
standing on a public road. She was carrying black colour plastic bags.
Her movements were suspicious.

She was detained and panch
witnesses were arranged. She was searched in presence of two panch
witnesses. During the search of her bag carried by her, 2 kgs. of Ganja
was found and she has been prosecuted for violation of the NDPS Act.

Cri.BA.No.625/2024
3.

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The counsel for the accused has submitted that seized quantity is
a non commercial quantity and hence, bar of Section 37 of the NDPS
Act would not apply. Moreover, there is non compliance with the
statutory provisions regarding search and seizure. She is seeking bail.
4.

APP has submitted that the investigation is in progress and
considering the gravity of offence, bail may be rejected.
5.

Heard both the sides. Perused the say filed by the prosecution.

6.

The seized contraband is non commercial quantity. Hence, bar of
Section 37 of the NDPS Act would not apply. Considering the quantity
of contraband seized and that there are no criminal antecedents.
Therefore, there is no impediment to release the accused on bail.
Hence, the following order is passed:
Order
1.

Criminal Bail Application No.625 of 2024 is hereby allowed.

2.

Applicant/Accused Rubina Babumiya Sardar, being accused in
Special LAC CR.No.290 of 2024, registered with Malwani Police
Station, for the offence punishable under Section 8(c) read with
Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act,
1985, be released on furnishing solvent surety and P.R. bond of
Rs.50,000/- (Rupees Fifty Thousand Only).
3.

The applicant/accused and her surety shall provide their
respective residential addresses, mobile numbers and email addresses,
if any.
4.

The applicant/accused shall not tamper with evidence or offer
inducement or threaten prosecution witnesses.
5.

To ensure that the applicant/accused does not flee, she is
required to mark her presence with Malwani Police Station, on every
Cri.BA.No.625/2024
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Tuesday and Thursday between 11.00 a.m. and 4.00 p.m., until further
order.
6.

Prior to her release, the applicant/accused shall furnish his
residential proof and deposit Passport, if any, with Investigating Officer
under intimation to this Court.
7.

The applicant/accused shall not commit offence of similar
nature.
8.

Criminal Bail Application No.625 of 2024 in NDPS is disposed
off.

Date : 02.04.2024
Dictated on
: 02.04.2024
Transcribed on : 02.04.2024
HHJ signed on : 02.04.2024
(A. V. KHARKAR)
NDPS Special Judge,
City Civil & Sessions Court,
Gr. Bombay.

Cri.BA.No.625/2024
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
03.04.2024/ 11.31 a.m.
UPLOAD DATE AND TIME
(Mrs. Pradnya S. Naik)
NAME OF STENOGRAPHER
Name of the Judge (With Court room no.)

SHRI A.V.Kharkar
(C.R. No.42)
Date of Pronouncement of JUDGMENT/ 02.04.2024
ORDER
JUDGMENT/ORDER signed by P.O. on
02.04.2024
JUDGMENT/ORDER uploaded on
03.04.2024