Mumbai, Maharashtra – June 6, 2022 – A Mumbai Special NDPS Court has granted bail to Akkatai Ramesh Devras, a 51-year-old woman accused of possessing 1.2 kilograms of Ganja. The court, presided over by Special Judge V.V. Patil, granted bail after determining that the quantity of contraband fell under the “non-commercial quantity” category, making the stringent provisions of Section 37 of the NDPS Act inapplicable.

Devras was arrested on April 8, 2022, by Goregaon Police Station in connection with Crime No. 47/2022, registered under section 8(c) read with 20(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The prosecution alleged that during a patrol, Devras was found in possession of 1.2 kilograms of Ganja near an autorickshaw in Gandhinagar, Goregaon (West).

During the bail hearing, Devras’ advocate, Mr. Baraskar, argued that his client was falsely implicated and that the recovered quantity of Ganja fell under the “non-commercial quantity” category. He emphasized that the investigation was complete, and Devras’ continued detention served no purpose. He also highlighted that Devras was a permanent resident of Mumbai and ready to abide by any conditions imposed by the court.

The prosecution, represented by APP Mr. Rajput, opposed the bail application, arguing that 1.2 kilograms of Ganja constituted an intermediate quantity, and the offense carried a potential 10-year imprisonment. They also expressed concerns that Devras might abscond or re-engage in similar offenses if granted bail.

Judge Patil, after reviewing the case records and hearing both sides, acknowledged that the 1.2 kilograms of Ganja fell under the “non-commercial quantity” category, making the stringent provisions of Section 37 of the NDPS Act inapplicable.

“Admittedly, the quantity recovered from the applicant is non-commercial quantity and hence stringent provisions of Sec. 37 of NDPS Act would not apply,” Judge Patil stated in the order.

The court also considered that Devras was a resident of Mumbai, not likely to abscond, and ready to abide by any conditions imposed by the court. Additionally, there were no prior criminal antecedents against her, and the recovery of the contraband was complete.

“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,” Judge Patil noted.

The court granted bail to Devras on a personal bond of Rs. 20,000 with one or two sureties of the same amount, subject to the following conditions:

• She must attend Goregaon Police Station every Monday between 2:00 PM and 5:00 PM until the filing of the charge sheet.
• She and her sureties must provide their mobile numbers and correct residential addresses, along with the names, mobile numbers, and addresses of two relatives.
• She must provide proof of identity and residence at the time of executing the bail bond.
• She must not tamper with prosecution witnesses or evidence and must cooperate in the early disposal of the trial.
• She must not commit similar offenses while on bail.
• Provisional cash bail of Rs. 20,000 was allowed for eight weeks.

This decision reflects the court’s adherence to the specific provisions of the NDPS Act, particularly concerning non-commercial quantities of contraband, and the importance of balancing the accused’s rights with the need to ensure public safety.