Mumbai, Maharashtra – May 18, 2022 – Radha Rama Konchikorve, a 60-year-old woman, has been granted bail in a case registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The Special Judge for NDPS Cases, V.V. Patil, of the Sessions Court for Greater Mumbai, approved her bail application (Bail Application No. 1019 of 2022) citing the non-commercial quantity of Ganja seized and the lack of any convictions against her.
Background of the Case:
Konchikorve was arrested on April 18, 2022, by the Anti-Narcotics Cell (ANC), Worli Unit, in connection with C.R. No. 68/2022. She was charged under Section 8(c) read with Section 20(b) of the NDPS Act, 1985, for possession of Ganja.
Allegations and Arrest:
According to the prosecution, on April 18, 2022, officers of the ANC found Konchikorve in a suspicious condition near an open ground in Kurla (West). Upon search, she was found in possession of 3 kilograms and 360 grams of Ganja. The contraband was seized under a panchnama, and she was arrested.
Defense Arguments:
Mr. Gaikwad, representing Konchikorve, argued that she was falsely implicated in the case. He emphasized that she is a senior citizen and that the quantity of Ganja seized was non-commercial, making Section 37 of the NDPS Act (which imposes stringent conditions for bail) inapplicable. He also stated that she is a permanent resident of Mumbai and would abide by any conditions imposed by the court.
Prosecution’s Counter-Arguments:
Mr. Rajput, the Additional Public Prosecutor (APP), opposed the bail application, arguing that the quantity of Ganja seized was an intermediate quantity. He also claimed that Konchikorve is a habitual offender with 15 to 18 cases registered against her under the Bombay Prohibition Act. He argued that she might abscond or commit similar offenses if granted bail.
Court’s Observations and Decision:
Judge Patil noted that the quantity of Ganja seized from Konchikorve fell under the category of non-commercial quantity, making the stringent provisions of Section 37 of the NDPS Act inapplicable. He also observed that the recovery was complete, and nothing further was to be recovered.
Regarding the prosecution’s claim that Konchikorve is a habitual offender, the court noted that the prosecution had not provided any crime numbers or police station names for the alleged cases under the Bombay Prohibition Act. The court also observed that Konchikorve’s counsel stated that she had not been convicted in any case, and this was not disputed by the APP.
“Applicant cannot be denied bail merely because some cases are registered against her, if otherwise she is entitled to be released on bail,” Judge Patil stated in his order.
The court concluded that Konchikorve was ready to abide by any conditions imposed by the court, was a permanent resident of Mumbai, and was not likely to abscond.
Bail Conditions:
The court granted bail to Konchikorve, subject to the following conditions:
- She must execute a Personal Recognizance (PR) bond of Rs. 20,000 with one surety of the same amount.
- She must attend the ANC Worli Unit office every Thursday between 2:00 PM and 5:00 PM until the filing of the charge sheet.
- She and her surety 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 her 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 is allowed for eight weeks.
Significance of the Ruling:
This ruling highlights the court’s consideration of the quantity of the contraband seized and the applicability of Section 37 of the NDPS Act when deciding bail applications. The court’s decision underscores that mere registration of cases without convictions does not automatically disqualify an accused from being granted bail, especially when the quantity of the contraband is non-commercial.
Key Factors in the Bail Grant:
- Non-commercial quantity of Ganja seized.
- Lack of convictions against Konchikorve.
- Conditions to ensure her presence and prevent witness intimidation.
Future Proceedings:
The investigation in the case will continue, and the prosecution will be required to prove the charges against Konchikorve beyond a reasonable doubt in the trial court. The court will monitor her compliance with the bail conditions.