Mumbai, May 5, 2022 – A Special NDPS Court in Mumbai granted bail to a 33-year-old woman, Smt. Pati Rama Kale, who was arrested by the Malvani Police in March 2022 for alleged possession of a small quantity of contraband. The court ruled that the stringent provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act did not apply in this case, given the minor quantity involved.
Case Background
Smt. Pati Rama Kale, a resident of Laxmi Chawl in Malad (West), Mumbai, was apprehended by Malavani police officers on March 24, 2022, during a routine patrol. Officers reportedly found her behavior suspicious and conducted a search, during which 130 grams of ganja was allegedly discovered in her possession. The police subsequently arrested Kale and registered an FIR under Section 8(c) read with Section 20 of the NDPS Act.
Following her arrest, Kale moved the Special NDPS Court with a bail application under Section 439 of the Criminal Procedure Code (CrPC), asserting that she had been falsely implicated and had no involvement in any illegal activities related to narcotics.
Court Proceedings and Arguments
During the bail hearing, Kale’s defense counsel, Advocate Kiran Gogawale, argued that the recovered quantity of ganja was categorized as a small quantity under the NDPS Act, which means that the maximum punishment applicable was one year of imprisonment. The defense emphasized that Section 37 of the NDPS Act, which restricts bail for offenses involving commercial quantities, was not applicable in this case.
Gogawale further submitted that the applicant had no prior criminal record and was willing to comply with all conditions imposed by the court. Additionally, he contended that keeping Kale in custody would serve no purpose since the alleged contraband had already been seized and the investigation was nearly complete.
On the other hand, the prosecution, represented by Assistant Public Prosecutor (APP) Mr. Rajput, opposed the bail application. The prosecution argued that the applicant was allegedly involved in the sale of narcotics and that the investigation was still in progress. Additionally, the prosecution contended that Kale did not have a stable residence in Mumbai and posed a potential flight risk.
Court’s Decision
After considering the submissions, the Special Judge, His Honour V.V. Patil, ruled in favor of the bail application, stating that:
- The seized quantity of 130 grams of ganja falls under small quantity, meaning Section 37 of the NDPS Act is inapplicable.
- The applicant had a permanent residence and was unlikely to abscond.
- The investigation had already secured the contraband, leaving no immediate need for further custodial interrogation.
- There were no prior criminal antecedents against the accused.
Based on these findings, the court allowed the bail application under the following conditions:
- The accused was granted bail on furnishing a personal bond of Rs. 15,000 with one solvent surety of the same amount.
- She was required to report to Malavani Police Station every Wednesday between 2:00 PM and 5:00 PM until the filing of the charge sheet.
- She had to provide valid identity and residential proof while executing the bail bond.
- She was strictly prohibited from tampering with evidence or witnesses and was expected to cooperate with the trial.
- She was barred from committing similar offenses while on bail.
- The court permitted her to furnish provisional cash bail of Rs. 15,000 for a period of eight weeks.
Conclusion
With this ruling, the Special NDPS Court reaffirmed the principle that bail should not be denied arbitrarily, especially in cases involving small quantities of contraband where the law does not impose stringent restrictions. Kale’s legal battle, however, is far from over, as she will still have to face trial for the alleged offense. The case underscores the judicial balance between upholding the law and ensuring that individuals are not unnecessarily deprived of their liberty in minor drug-related offenses.
