Mumbai, April 3, 2024 – Rubina Babumiya Sardar has been granted bail by the Special Court for Narcotic Drugs and Psychotropic Substances Act, 1985, at Greater Bombay, in a case involving the possession of Ganja. Special Judge A.V. Kharkar (Court Room No. 42) issued the order on April 2, 2024.

Sardar was arrested by the Malvani Police Station in connection with Special LAC.CR.No. 290 of 2024 for offenses under Section 8(c) read with Section 20(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

Background and Allegations:

The prosecution alleged that on February 29, 2024, during routine patrolling, police found Sardar carrying two kilograms of Ganja in black plastic bags on a public road. Her movements were deemed suspicious, and upon searching her, the Ganja was recovered.

Arguments Presented:

• Applicant’s Argument:
  • The seized quantity was a non-commercial quantity, thus the stringent provisions of Section 37 of the NDPS Act do not apply.
  • There were alleged non-compliances with statutory provisions regarding search and seizure.
• Prosecution’s Argument:
  • The investigation was ongoing.
  • Considering the gravity of the offense, bail should be rejected.

Court’s Reasoning and Decision:

Judge Kharkar considered the submissions and the prosecution’s reply. He noted:

• The seized contraband was a non-commercial quantity.
• Therefore, the bar of Section 37 of the NDPS Act did not apply.
• Considering the quantity of the seized contraband, and that there are no criminal antecedents, there is no impediment to release the accused on bail.

Therefore, the court granted bail.

Bail Conditions:

Sardar was granted bail upon furnishing a solvent surety and a personal bond of Rs. 50,000. The following conditions were imposed:

• Sardar and her surety must provide their residential addresses, mobile numbers, and email addresses.
• She must not tamper with evidence, offer inducement, or threaten prosecution witnesses.
• She must mark her presence at the Malvani Police Station every Tuesday and Thursday between 11:00 a.m. and 4:00 p.m. until further order.
• Prior to her release, she must furnish her residential proof and deposit her passport, if any, with the Investigating Officer.
• She must not commit offenses of a similar nature.

Order Details:

The order was dictated, transcribed, and signed on April 2, 2024. The certified copy was uploaded on April 3, 2024, at 11:31 a.m.

This decision reflects the court’s consideration of the non-commercial quantity of the seized contraband, the absence of criminal antecedents, and the imposition of conditions to ensure Sardar’s cooperation and prevent potential interference with the legal process.