The court affirmed the strict compliance requirements of the NDPS Act in bail applications, emphasizing the need to demonstrate reasonable grounds for believing in the accused's innocence, particularly when charged with serious drug offenses.

JUDGMENT :

NEELA GOKHALE, J.

1. By this Application, the Applicant seeks her enlargement on bail in connection with FIR No. 01 of 2023 dated 01^st January 2023 registered with the ANC, Ghatkopar Unit, Mumbai, for the offences punishable under Sections 8(c), 22(b), 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( for short ‘NDPS Act’).

2. The facts of the case, in brief, are as under:-

2.1 On 31st December 2022, at around 1800 hours, the officials of the ANC, Ghatkopar Unit, Mumbai, received information of sale of narcotics in Mumbai City. Armed with this information, the officials formed a team and set off for patrolling. They carried with them all the necessary material required for compliances under the NDPS Act. During patrolling, they found 2 persons lurking in suspicious circumstances near the Lotus Prime Cloth Store, Navrang Compound, Mahim-Sion Link Road Bridge, Mumbai. The Police stopped their vehicle a little ahead of them, and kept a watch on the activities of those two persons. It appeared that the said two persons were waiting for someone. Finally, the Police officials started to go upto them to make inquiries.

2.2 On seeing the Police, the said two persons scrambled to disperse. The Police caught up with them and began making inquiries. The persons gave evasive answers. Finding their behaviour suspicious, the Police proceeded to call two panchas. Thereupon, after complying with the requisites of the NDPS Act, they undertook a search of the said persons. 40 grams of Mephedrone ('MD') was recovered from the person of one of them namely, Nitin Chandrakant Adsul @ Papya. It was stored in a zip lock plastic pouch. Some cash was also recovered from him. Further, 110 grams of MD along with some cash were recovered from the other person namely, Reddy Mallesh Shadkinur @ Raju. The same was also stored in a zip lock plastic pouch.

2.3 Papya and Raju were brought to the Police Station and were arrested. Panchanamas were recorded and other formalities of the provisions of the NDPS Act were complied. On interrogation, Raju informed the Police that one lady namely, Blessing Okonko supplied 150 grams of MD to him out of which he had sold 40 grams to Papya. This lady is the Applicant herein.

2.4 At 4:55 am of 1st January 2023, the officials of the ANC, Ghatkopar Unit, Mumbai set off on patrolling duty to look for the Applicant at the location revealed by Raju. Raju accompanied the officials. The officials reached the location at about 6.30 am and laid a trap. The Applicant came near the location at around 7.15 am. She was pointed out to the Police by Raju. The Police stopped the Applicant and made inquiries regarding her identity. She gave evasive answers. She was also searched after following due process of law. A plastic zip lock pouch containing 460 grams of MD was recovered from the pocket of her jacket. Accordingly, the Applicant was also arrested on 1st January 2023.

3. The Applicant filed an application seeking bail in the Special Court for NDPS at Greater Bombay, however, by order dated 17th March 2025, the bail application was rejected. Hence, the Applicant is before this Court seeking reliefs as prayed.

4. Mr. Khushal Parmar, learned counsel appeared for the Applicant. He submitted that the Police have not complied with the provisions of Section 42 of the NDPS Act; there was no CDR, bank transactions or any WhatsApp chats of the Applicant with the co-accused; there is non-compliance of Section 50 of the NDPS Act as the personal search of the Applicant was taken by a Senior Police Inspector along with a lady police Sepoy and a lady panch. He submitted that they are