BA 409.24
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MHCC020027942024
THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
NDPS BAIL APPLICATION NO. 409/2024
IN
C. R. NO. 127 OF 2024
Laxmi Ajay Varma @ Sharda
@ Laxmi Murgesh Goswami
Age : 23 years, Occu. : Housewife
R/o : Zopada No.3, 1st Cross Lane,
Clive Lane, Near Ashok Hotel,
Danabunder, Mumbai – 400 009.
V/s.
The State of Maharashtra
(Pydhonie Police Station)
… Applicant/accused
… Respondent
Appearance :Mr. Aved Shaikh with Ashish Baraskar, Advs. for applicant.
Mr. Shankar Erande, APP for respondent/State.
CORAM : THE SPECIAL JUDGE
B. Y. PHAD (C.R.44)
DATE :
21.02.2024
ORDER
The applicant Laxmi Ajay Varma @ Sharda @ Laxmi
Murgesh Goswami, has filed present application under Section 439 of
the Code of Criminal Procedure, 1973 for grant of regular bail in
relation to Crime No. 127/2024 registered under Sections 8(c) read
with 20(B) and 29 of the Narcotic Drugs and Psychotropic Substances
BA 409.24
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Act, 1985 with Pydhonie Police Station.
2.

In short, according to the applicant she has not committed
any crime and she has been falsely implicated in this case. The alleged
recovery of 4 kgs. Ganja is non-commercial quantity. Therefore, rigors
u/sec. 37 of the NDPS Act is not applicable. The applicant is a lady
having permanent residence in Mumbai. She has one year and five
months old child.

She is ready to furnish surety and abide by the
conditions of the bail bonds. Therefore, she seeks release on bail.
3.

The application has been objected by the prosecution by
filing reply at Exh.2. It is contended that on 10.02.2024, officers of
respondent received information that one lady by name Maxmi Varma
is coming at Steel Centre, Ahmadabad Street, Dana Bander, Masjid
Bander for selling Ganja. Said information was received by Police
Head Constable Lad, who forwarded the same to PI Deshmukh and
thereafter as per instructions of API Kiran, complainant along with
police staff went to the spot along with sealing and labeling material.
Panchas were also called. At the spot, they saw one woman described in
the information in a suspicious condition. Hence she was apprehended
and after following necessary procedure, her personal search was taken
by WPC Mhatre, wherein she was found in possession of 4 kgs. Ganja.
Same was seized under panchanama. Investigation is ongoing. If the
applicant/accused is released on bail, she may commit similar offence.
Therefore, the bail application may be rejected.
4.

Ld. counsel for the applicant submits that the applicant
has not committed any crime and she has been falsely implicated in the
present case. The contraband allegedly seized from the applicant is far
less than commercial quantity. Further, personal search of the applicant
has been allegedly taken by WPC, Mhatre who is not authorised under
the law to take personal search of the applicant and seized the
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contraband. Therefore, basic provisions u/sec. 42 & 50 has been
violated by the police. The applicant is a woman. She is ready to
furnish the surety as directed by this Court. She has a small baby who
need care and protection. She is having permanent place of abode. She
undertakes to furnish surety and abide by the conditions of the bail
bonds. Therefore, prayed for releasing the applicant on bail.
5.

On the other hand, learned APP, Mr. Shankar Erande
submits that the offence is serious. Investigation is ongoing. If the
applicant is released on bail, she may commit similar offence. Hence
prayed for rejection of the application.
6.
that
Considering the submissions from both sides and the fact
the applicant was found in possession of 4 kgs. Ganja which is
less than 20 kgs. commercial quantity. Therefore, the rigors of sec. 37
of the NDPS Act would not be applicable to the facts of the present
case. The applicant has clean antecedent and well rooted in the society.
So also, the personal search of the applicant is conducted by WPC
Mhatre, who is not an authorized person to take search as per
Government Notification. Therefore, I think it proper to release the
applicant on bail by putting stringent conditions. Hence the order.
ORDER
1. Bail Application No. 409/2024 is hereby allowed.
2. The applicant/accused Laxmi Ajay Varma @ Sharda @ Laxmi
Murgesh Goswami, arrested in Crime No. 127/2024 registered u/sec.
8(c), 20(b) r/w 29 of NDPS Act with Pydhonie Police Station, shall be
released on bail upon executing a personal bond of Rs. Sixty Thousand,
along with one or two solvent surety bond/bonds of the said amount,
to ensure her appearance at all required times during the legal
proceedings, subject to the following conditions:
a.

The applicant/accused is directed to report to Pydhonie
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Police Station every Sunday between 10.00 a.m. to 11.00 a.m., till
filing of final report without fail.
b.

The applicant/accused is prohibited from leaving the
jurisdiction
of
Mumbai
without
explicit
permission
from
the
investigating officer or the Court.
c.

The applicant/accused is strictly prohibited from making
any form of contact with co-accused, witnesses, or any individuals
directly associated with the case. The applicant/accused shall not
tamper with any evidence or documents related to the case.
d.

The applicant/accused must maintain a stable residence at
her current address in Danabunder, Mumbai, and is required to inform
the court and the investigating officer of any change in her residential
address. The accused shall furnish her active mobile number to the
Investigating Officer and shall also immediately report any change in
her mobile number.
e. The applicant/accused must not interfere with the ongoing
investigation and shall comply fully with law enforcement in their
investigation.
f.

The applicant/accused shall surrender her passport, if any,
before the Investigating Officer within a week and, if she does not
possess any passport, she shall file an affidavit to that effect before the
Investigating Officer.
g. The applicant/accused is prohibited from engaging in activities
that might be related to the offense registered.
h. The applicant/accused must comply with all reasonable
directions made by law enforcement agencies or investigating officers
related to the case.
i. As per para No.12(1) of the Criminal Manual, the
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applicant/accused before release on bail shall furnish the list of three
blood relatives with their detail residential addresses and also the
addresses of their place of work, if any, and shall also produce
documentary proofs showing the correctness of details produced by her.
3.

Failure to adhere to any of these conditions will result in the
immediate revocation of bail and may lead to further legal
consequences.

Date : 21.02.2024
Dictated on
Transcribed on
Checked on
Signed on
( B. Y. PHAD )
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Bombay (C.R. NO.44)
: 21.02.2024
: 28.02.2024
: 29.02.2024
: 01.03.2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
02.03.2024
TIME
NAME OF STENOGRAPHER
11.10 a.m.

Mrs. S. W. Tuscano
Name of the Judge
HHJ Shri B. Y. Phad
(CR No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
21.02.2024
Judgment/order uploaded on
02.03.2024
01.03.2024