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URMILA JOSHI-PHALKE
Surbhi D/o Raju Soni – Appellant
Versus
State of Maharashtra – Respondent
The legal document pertains to a case where the applicant, Surbhi Soni, was arrested for possessing a commercial quantity of Ganja under the NDPS Act. The court considered her advanced pregnancy and health concerns as significant humanitarian grounds for granting temporary bail despite the strict provisions of the NDPS Act, particularly Section 37, which generally restricts bail in such cases (!) (!) .
The court acknowledged that the contraband was found in her baggage and that investigation procedures, including sampling and inventory, were properly conducted (!) (!) . While the possession involved a commercial quantity, the applicant's pregnancy and health status were deemed compelling reasons to consider her release on humanitarian grounds (!) (!) .
The court emphasized that, whenever possible, arrangements should be made for the temporary release of pregnant prisoners to facilitate delivery outside prison, considering their dignity and health (!) (!) . It also highlighted that the applicant's release would not pose a high security risk or prejudice the ongoing investigation, provided certain conditions were imposed to prevent tampering with evidence and to ensure compliance (!) .
Accordingly, the court granted the applicant's application for temporary bail for six months, subject to conditions such as executing a P.R. bond, furnishing security, not tampering with witnesses or evidence, and providing contact details (!) (!) (!) (!) (!) .
In summary, the court balanced the strict legal framework governing NDPS cases with humanitarian considerations, leading to the temporary release of the pregnant applicant under specified conditions to ensure her health and dignity are protected during her pregnancy and delivery.
JUDGMENT :
URMILA JOSHI-PHALKE, J.
1. The applicant, who is since date of arrest i.e. 30.4.2024 is in jail, seeks regular bail in Crime No. 92/2024 registered with the non-applicant/police station for offences under Sections 20(b)(ii), 29 and 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the NDPS Act).
2. The crime was registered as the Gondia Railway Security Force conducted a raid in Train No. 08327 (Sambalpur-Pune Express) and during the raid, in Coach No. B-3, beneath Seat Nos. 17, 18, 19, 20, and 21, contraband “Ganja” was recovered from five persons including the applicant.
3. Insofar as the applicant is concerned, contraband “Ganja” 7.061 kilograms, from a bag i.e. black colour pittu bag, was recovered in presence of panchas. It transpired that she and her husband along with other co-accused persons were carrying commercial quantity of “Ganja” of 33.201 kilograms worth of Rs.6,64,020/-.
4. As a follow up action, a search was conducted. Samples were obtained in presence of panchas. Seized contraband was forwarded to the Magistrate for inventory. Samples were forwarded to chemical analysis and the applicant was arrested. At the time of the arrest, she was two mo
Temporary bail may be granted on humanitarian grounds despite the rigour of the NDPS Act, considering the applicant's advanced pregnancy and health concerns.
The court emphasized that bail for drug offenses requires proof of innocence and likelihood of non-reoffending, in line with stringent statutory provisions to combat drug trafficking.
Pregnancy constitutes a special circumstance for granting interim bail under the NDPS Act, overriding usual restrictions when humanitarian grounds are present.
The court emphasized the importance of compliance with procedural safeguards in drug-related cases, granting bail due to significant delays and procedural lapses.
The main legal point established in the judgment is the need to satisfy the twin conditions of Section 37 of the NDPS Act before granting bail in cases involving commercial quantities of drugs. The c....
The central legal point established in the judgment is the need to balance individual rights and societal interests, especially in cases involving non-bailable offenses and the special rights of bail....
The NDPS Act imposes stringent requirements for bail in drug-related offenses, emphasizing societal safety over individual liberty when evidence of conscious possession exists.
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