Mumbai, 11th January 2024 – The Special Judge for Narcotic Drugs and Psychotropic Substances (NDPS) cases, B.Y. Phad, has granted bail to two women, Puja Rajiv Ray (33) and Arti Harishchandra Ray (24), who were arrested in connection with Crime No. 517/2023 under the Narcotic Drugs and Psychotropic Substances Act, 1985. The case, registered at Samta Nagar Police Station, involved the alleged possession and sale of the narcotic drug Mephedrone.

Case Background

On 3rd August 2023, while conducting routine patrolling, police officials identified one of the accused, later found to be Puja Rajiv Ray, behaving suspiciously. Upon further investigation, officers escorted her to her residence, where three women were present. One of them, identified as Mala Harishchandra Ray, managed to flee the scene. The remaining two women, Puja Rajiv Ray and Arti Harishchandra Ray, were allegedly found in possession of 10 grams of Mephedrone each. Law enforcement officers also seized a cash amount of Rs. 5,75,140 from the house, which they suspected to be proceeds from drug sales. The police report suggested that the absconding accused, Mala Harishchandra Ray, had supplied the contraband to the applicants for distribution.

Bail Application and Defense Argument

The applicants’ legal representative, Advocate Nargis Khan, filed a plea under Section 439 of the Criminal Procedure Code, arguing that her clients had been falsely implicated in the case. She emphasized that no substantial evidence linked the accused to any drug-related activities and that neither of them had prior criminal records. She further stated that the applicants had strong community ties and were willing to comply with all bail conditions.

Additionally, Advocate Khan highlighted the personal circumstances of the accused. She informed the court that Puja Rajiv Ray is a law student and that Arti Harishchandra Ray is still in school. Given these factors, the defense argued that prolonged detention could have severe consequences on their personal and academic lives.

Prosecution’s Argument

Opposing the bail application, the Additional Public Prosecutor (APP) Shankar Erande contended that, although the contraband seized was below the commercial quantity threshold, the case involved serious allegations. The total seizure amounted to 31 grams of Mephedrone when considering all accused individuals, which is significant. The prosecution argued that releasing the applicants on bail could lead to them absconding, tampering with evidence, or pressurizing witnesses. Since the investigation was still ongoing, the prosecution urged the court to reject the bail plea to prevent any potential obstruction in legal proceedings.

Court’s Observations and Decision

After considering the arguments from both sides, the Special Judge noted that the quantity of the contraband seized from the accused was less than the commercial threshold, which was a crucial factor in deciding the bail application. The court also acknowledged the accused’s clean criminal records and strong societal roots, making the risk of absconding relatively low. Given these considerations, the court deemed it appropriate to grant bail under stringent conditions.

Bail Conditions Imposed by the Court

The court laid down several conditions to ensure that the accused comply with legal procedures and do not interfere with the investigation. The conditions include:

1. Personal Bond & Surety: Each applicant must execute a personal bond of Rs. 60,000 along with a solvent surety bond of the same amount.
2. Weekly Police Station Attendance: The accused must report to the Samta Nagar Police Station every Sunday between 10:00 a.m. and 11:00 a.m. until the final report is filed.
3. Travel Restrictions: The accused cannot leave the jurisdiction of Mumbai without prior permission from either the investigating officer or the court.
4. No Contact with Witnesses or Co-accused: The accused are strictly prohibited from making any direct or indirect contact with co-accused, witnesses, or any persons associated with the case.
5. Stable Residence Requirement: The accused must reside at their current address in Kandivali, Mumbai, and inform the court and investigating officer if there is any change.
6. Communication Details: The accused must provide their active mobile number to the investigating officer and promptly report any changes.
7. No Interference in Investigation: The accused must fully cooperate with law enforcement and avoid any actions that may hinder the investigation.
8. Surrender of Passport: If the accused possess passports, they must surrender them within a week. If they do not have a passport, they must submit an affidavit stating the same.
9. Prohibition on Criminal Activities: The accused must not engage in any activities related to the case or any other criminal activities.
10. Compliance with Law Enforcement Directives: The accused must follow all reasonable directions given by investigating officers.
11. Furnishing Family Details: Before their release, the accused must submit a list of three blood relatives along with their residential and work addresses, supported by documentary proof.

Consequences for Non-Compliance

The court made it clear that failure to comply with any of the above conditions would result in immediate revocation of bail and potential further legal consequences. The accused were warned that any attempt to flee or interfere with the investigation would lead to strict action by the authorities.

Legal and Social Implications

This case highlights the growing challenges faced by law enforcement agencies in tackling drug-related offenses in Mumbai. While the court granted bail due to the lesser quantity of contraband found, the stringent conditions reflect the judiciary’s cautious approach toward potential risks posed by the accused. The decision also emphasizes the importance of balancing legal safeguards for the accused with the broader objective of criminal justice.

With the investigation still ongoing, authorities are expected to continue efforts to locate the absconding accused, Mala Harishchandra Ray, and gather further evidence related to the alleged drug distribution network.

This case will be closely monitored as further developments unfold in the legal proceedings.

Nishant Upadhyay