MHCC020003122024 IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI CRI. BAIL APPLN. NO. 50 OF 2024 IN C. R. No. 517/2023

1. Puja Rajiv Ray
Age : 33 years, Occu.: Housewife

2. Arti Harishchandra Ray
Age : 24 years, Occu.: Student
Botha r/at : Room No.3,
Ramakar Singh Chawl,
Uttaranchal Nagar,
Behind Bihari Tekdi,
Poisar, Kandivali (E),
Mumbai – 400 101. … Applicants

V/s.

The State of Maharashtra (Samta Nagar Police Station, Mumbai) … Respondent

Appearance :Ms. Nargis Khan, Adv. for applicants.
Mr. Shankar Erande, APP for respondent/State.
CORAM : THE SPECIAL JUDGE B. Y. PHAD (C.R.44) DATE : 10.01.2024 

ORDER

The instant application has been filed by the applicants Puja Rajiv Ray and Arti Harishchandra Ray under section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with Crime No. 517/2023 registered under Sections 8(c), 22(b) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (In short ‘NDPS Act’) with Samtanagar Police Station, Mumbai.

2.In short, according to the applicantss, they have not committed any crime, and they have been falsely implicated in this case. Nothing incriminating has been recovered from them or at their instances. The applicants have no antecedents and well roots in the society. They are ready to furnish surety as directed by this court and abide by the conditions of the bail bonds, therefore the applicants may be released on bail.

3.This application has been objected by the investigating officer by filing reply at exhibit 2. It is contended that during patrolling duty of police staff on 03.08.2023, accused no. 1 was found in
suspicious condition. She was taken to her house. Three women present in the house. Out of them, one woman Mala daughter of the accused no.1 fled away. Two women present in the house were Puja Rajiy Ray (applicant no.1) and Aarti Harishandra Ray (applicant no.2) found possessing 10 gms. Mephedrone Narcotic Drug each. It was seized by following procedure. Thereafter, a cash amount of Rs 5,75,140 was
found in the house, and it was seized. Absconding accused Mala Harishandra Ray had supplied the contraband to them for sale. Mala was not found in the search taken. If the applicants are released on bail, they may abscond.

4.Learned counsel Smt. Nargis Khan submitted that the applicants have not committed any crime and that they have been falsely implicated in this case. The applicants have clean antecedent and deep roots in the society. The applicants are ready to abide by the conditions of the bail bonds and furnish surety as directed by this court. The applicant no. 1 is a law student and the applicant no. 2 is a school
going child. Therefore, the applicants may be released on bail.

5.On the other hand, learned APP Shri Shankar Erande submits that, though the contraband seized from the accused is less than commercial quantity, the offence is serious. About 31 gms. of Mephedrone is seized from all accused, which is a substantial quantity. If the applicants are released on bail, they may abscond, tamper prosecution evidence and pressurise witnesses. Yet, the investigation is
to be over. Therefore, the bail application may be rejected.

6.Considering the submissions from both sides and noting the applicant’s clean antecedent, quantity allegedly seized is less than commercial quantity, the accused appears to be well rooted into society
and women, I am of the opinion that it is appropriate to release the applicants on bail under stringent conditions. Hence, I proceed to pass the following order.

ORDER

1. The applicants/accused Puja Rajiv Ray and Arti Harishchandra Ray, arrested in Crime No. 517/2023, be released on bail upon executing a personal bonds of Rs. Sixty Thousand, along with a solvent surety bond of the same amount for each, to ensure their appearance at all required times during the legal proceedings, subject to the following conditions:

a. The applicants/accused are directed to report to the Samatanagar Police Station every Sunday between 10.00 a.m. to 11.00 a.m., till filling of the final report without fail.

b.The applicants/accused are prohibited from leaving the jurisdiction of Mumbai without explicit permission from the investigating officer or the Court.

c.The applicants/accused are strictly prohibited from making any form of contact with co-accused, witnesses, or any individuals directly associated with the case. The applicants/accused shall not tamper with any evidence or documents related to the case.

d.The applicants/accused must maintain a stable residence at their current address in Kandivali, Mumbai, and are required to inform the court and the investigating officer of any change in their residential address. The applicants/accused shall furnish their active mobile number to the Investigating Officer and shall also immediately report any change in their mobile number.

e. The applicants/accused must not interfere with the ongoing investigation and shall comply fully with law enforcement in their investigation.

f. The applicants/accused shall surrender their passport, if any, before the Investigating Officer within a week and, if they do not possess any passport, they shall file an affidavit to that effect before the Investigating Officer;

g. The applicants/accused are prohibited from engaging in activities that might be related to the offense registered.

h. The applicants/accused must comply with all reasonable directions made by law enforcement agencies or investigating officers related to the case.

i. As per para no.12(1) of the Criminal Manual, the applicants/accused before release on bail shall furnish the list of three blood relatives with their detail residential addresses and also the addresses of their place of work, if any, and shall also produce documentary proofs showing the correctness of
details produced by them.

2. Failure to adhere to any of these conditions will result in the immediate revocation of bail and may lead to further legal consequences.

Date : 10.01.2024 ( B. Y. PHAD ) Special Judge (N.D.P.S.), City Civil & Sessions Court, Gr. Bombay (C.R. NO.44) Dictated on : 10.01.2024 Transcribed on : 10.01.2024 Signed on : 10.01.2024 CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGEMENT/ORDER” UPLOAD DATE 11.01.2024
TIME NAME OF STENOGRAPHER 10.45 a.m. Mrs. S. W. Tuscano Name of the Judge HHJ Shri B. Y. Phad
(CR No.44) Date of Pronouncement of Judgment/Order. Judgment/order signed by P.O on Judgment/order uploaded on 10.01.2024 10.01.2024 11.01.2024