Mumbai, March 2, 2024 – A 23-year-old housewife, Laxmi Ajay Varma, has been granted bail by a special NDPS court in Mumbai after being arrested for possession of cannabis. The court’s decision hinged on the non-commercial quantity of the seized substance and significant procedural irregularities during her arrest and search.

Varma, also known as Sharda or Laxmi Murgesh Goswami, was apprehended by the Pydhonie Police Station and charged under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for allegedly possessing 4 kilograms of Ganja (cannabis).

Defense Highlights Procedural Lapses and Non-Commercial Quantity

In her bail application, Varma asserted her innocence, claiming she had been falsely implicated. Her defense team emphasized that the seized quantity was below the commercial threshold of 20 kilograms, thereby rendering the stringent provisions of Section 37 of the NDPS Act inapplicable.

Furthermore, the defense argued that the personal search of Varma was conducted by a Woman Police Constable (WPC) Mhatre, who was not authorized to carry out such searches under the relevant laws. This alleged violation of procedural safeguards, specifically Sections 42 and 50 of the NDPS Act, became a crucial point in the court’s decision.

Adding to the defense’s argument, they highlighted Varma’s status as a woman with a young child and her established residency in Mumbai, suggesting she posed minimal flight risk.

Prosecution Argues Seriousness of Offense and Potential Recidivism

The prosecution, represented by Additional Public Prosecutor Shankar Erande, vehemently opposed the bail, citing the seriousness of the offense and the ongoing investigation. They expressed concerns that releasing Varma could lead to her committing similar offenses.

Court Grants Bail, Citing Non-Commercial Quantity and Procedural Concerns

Special Judge B.Y. Phad, after considering both sides, granted Varma bail. The court acknowledged that the 4 kilograms of Ganja seized was below the commercial threshold, thus not triggering the strict bail conditions mandated by Section 37 of the NDPS Act.

The court also took note of the defense’s argument regarding the unauthorized search, raising doubts about the legality of the seizure. Additionally, the court recognized Varma’s clean criminal record and her status as a mother with a young child.

Stringent Bail Conditions Imposed

Despite granting bail, the court imposed stringent conditions to ensure Varma’s compliance with the legal process. These conditions include:

• A personal bond of ₹60,000 and one or two solvent sureties of the same amount.
• Mandatory reporting to the Pydhonie Police Station every Sunday.
• Prohibition from leaving Mumbai without court permission.
• Strict prohibition from contacting co-accused or witnesses.
• Maintaining a stable residence and providing contact information.
• Cooperation with the ongoing investigation.
• Surrendering her passport or providing an affidavit of non-possession.
• Prohibition from engaging in any activities related to the offense.
• Compliance with all law enforcement directions.
• Providing details of three blood relatives.

The court warned that any violation of these conditions would result in the immediate revocation of her bail.

Legal Implications and Public Interest

This case underscores the importance of adhering to procedural safeguards in drug-related arrests and searches. It also highlights the court’s consideration of the quantity of drugs involved and the accused’s personal circumstances when determining bail. The decision serves as a reminder of the delicate balance between upholding the law and protecting individual rights.