Court grants bail to Navi Mumbai man arrested with 10 kg ganja

MUMBAI: The sessions court on Friday granted bail to a Navi Mumbai man arrested with possession of 10kg of ganja (intermediate quantity) on February 6, 2014. The court granted bail to the accused, Dattatray Haridas Vidhate, on the grounds that he was already arrested in the case twice and that he was not a threat to society.
The quantities of narcotic drugs are categorised into three types: small quantity (20 grams or less), intermediate quantity (anywhere between 1kg and 10kg and above), and commercial quantity (20kg and above). The punishment for offences under the NDPS Act depends on the quantity of the drug involved.
As per the prosecution, Dattatray was first arrested with 10 kg ganja inviting offences punishable under section 8(c) (prohibition of certain operations) r/w section 20(b) (punishment for contravention in relation to cannabis plant and cannabis) of Narcotic Drug and Psychotropic Substances Act, 1985.
He was released on bail on March 7, 2018. However, in 2018, due to his absence, a non-bailable warrant (NBW) was issued against him.
Vidhate was arrested again in 2019 in another case, resulting in his arrest on November 5, 2024. Since then, he has been in judicial custody. In terms of his failure to appear before the court earlier, advocate Nilesh Bangar, moved an application for his bail submitting that the quantity of the contraband recovered is of intermediate quantity. Moreover, Vidhate has been in prison for more than one month for violation of the conditions of bail bond to appear on each date.
APP Rajput, representing the state prayed for the rejection of Vidhate’s bail, submitting that he had committed a breach of the bail order by not appearing before the court for more than four years, thus, misusing his liberty.
Additional sessions judge, Mahesh K Jadhav stated, “Personal liberty is the most precious of all fundamental rights. There is a presumption of innocence unless the guilt is proven. The object of the bail is to secure the attendance of the accused at the trial and the object is neither punitive nor preventive.”
Considering the nature of the offence, the gravity of the offence age and the antecedents of Vidhate, The court granted bail to Vidhate on Friday stating that from prima facie appreciation of the material on record, release on bail at this stage is not likely to be prejudicial to the interest of society at large. Therefore, there appear justifiable grounds for releasing Vidhate on bail at the stage.