Mumbai, January 11, 2024: The Special NDPS Court in Mumbai has granted bail to two women, Puja Rajiv Ray (33) and Arti Harishchandra Ray (24), in connection with a narcotics case registered under Crime No. 517/2023 by Samta Nagar Police Station. The duo was arrested under Sections 8(c), 22(b), and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Background of the Case

According to the prosecution, during a routine police patrol on August 3, 2023, officers found one of the accused in a suspicious condition. She was taken to her house, where three women were present. One of them, identified as Mala Harishchandra Ray, managed to escape. The two remaining women, Puja Rajiv Ray and Arti Harishchandra Ray, were found in possession of 10 grams of Mephedrone each. A total of 31 grams of the narcotic substance was recovered from all accused. Additionally, the police seized a cash amount of Rs. 5,75,140 from their residence. The absconding accused, Mala, is alleged to have supplied the contraband for sale.

Defense Argument

Advocate Nargis Khan, representing the accused, contended that the applicants were falsely implicated and had no criminal antecedents. The defense argued that the quantity of drugs recovered was below the commercial threshold and that the accused were law-abiding citizens with deep roots in society. Furthermore, Puja Rajiv Ray is a law student, and Arti Harishchandra Ray is a school-going child. The counsel assured the court that the applicants would abide by any bail conditions imposed.

Prosecution’s Stand

Opposing the bail plea, Additional Public Prosecutor Shankar Erande argued that despite the seized quantity being below commercial limits, the nature of the offense was serious. The prosecution expressed concerns that the accused might abscond, tamper with evidence, or influence witnesses if released. The investigation was still ongoing, and Mala Harishchandra Ray, the key accused, remained absconding.

Court’s Observations and Order

After considering arguments from both sides, Special Judge B.Y. Phad noted that the applicants had no prior criminal records and the seized quantity did not fall under the commercial category. Acknowledging that the accused were women and seemingly well-rooted in society, the court deemed it appropriate to grant them bail under strict conditions.

Bail Conditions Imposed:

1. The accused must furnish a personal bond of Rs. 60,000 along with a solvent surety of the same amount.
2. They must report to Samta Nagar Police Station every Sunday between 10:00 a.m. and 11:00 a.m. until the final report is filed.
3. They are prohibited from leaving Mumbai without prior permission from the investigating officer or the court.
4. They must not contact co-accused, witnesses, or individuals related to the case.
5. They are required to maintain residence at their current address and inform authorities of any changes.
6. They must surrender their passports, if any, within a week or file an affidavit stating they do not possess one.
7. Any violation of these conditions could lead to immediate bail revocation and legal consequences.

The order was dictated and signed by Judge Phad on January 10, 2024, and uploaded on the court’s official system on January 11, 2024.

Conclusion

This case underscores the increasing scrutiny in drug-related offenses while balancing the rights of the accused. The stringent bail conditions imposed indicate the judiciary’s caution in granting relief while ensuring compliance with legal procedures. The case remains under investigation, with authorities continuing their search for the absconding accused.