Mumbai, Maharashtra – August 10, 2022 – Dasharath Machindra Shinde, accused of possessing Ganja, has been granted bail by the Special Judge for NDPS Cases at Greater Mumbai. The court, presided over by Special Judge V.V. Patil, granted bail despite Shinde’s criminal record, citing the non-commercial quantity of the seized contraband and ordering weekly police station attendance.
Shinde was arrested on July 29, 2022, by the Santacruz Police Station and charged under Section 8(c) read with Section 20(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. He was found in possession of 2 kilograms and 324 grams of Ganja.
Background of the Case:
On July 28, 2022, while on patrol, police officers noticed Shinde acting suspiciously near the IIFL Building in Santacruz (W). Upon searching his bag, they discovered the Ganja, which was seized under a panchanama.
Applicant’s Arguments for Bail:
Kiran Gogavale, representing Shinde, argued that his client was falsely implicated. He emphasized that the quantity of Ganja seized fell under the intermediate category, making Section 37 of the NDPS Act (which imposes stringent bail conditions) inapplicable. Shinde, a resident of Mumbai, assured the court he would comply with all imposed conditions.
Prosecution’s Objections:
B.G. Rajput, representing the State, opposed the bail application. He highlighted Shinde’s criminal antecedents, which included seven registered cases (five under the IPC and two under the NDPS Act), preventive actions under Sections 110 and 151(3) of the Cr.P.C., and his externment under Section 56 of the Mumbai Police Act in 2018. The prosecution argued that Shinde was a habitual offender who would likely re-offend and abscond if released.
Court’s Observations and Decision:
Judge Patil acknowledged the seizure of 2 kilograms and 324 grams of Ganja, which, as per the NDPS Act schedule, constitutes a non-commercial quantity. He also noted that while Shinde had a criminal record, he had not been convicted in any of those cases.
The court stated that while the criminal antecedents were a concern, they did not automatically disqualify Shinde from bail, especially considering the non-applicability of Section 37 of the NDPS Act. The court also considered that Shinde was a resident of Mumbai, the recovery was complete, and there was no purpose in keeping him detained.
Bail Conditions:
The court granted bail to Shinde, subject to the following conditions:
- Shinde must furnish a Personal Recognizance (P.R.) bond of Rs. 20,000 with one or more sureties of the same amount.
- He must attend the Santacruz Police Station every Wednesday between 2:00 PM and 5:00 PM until the charge sheet is filed.
- He and his sureties must provide their mobile numbers and correct residential addresses, along with the names, mobile numbers, and addresses of two relatives.
- He must produce proof of identity and residence at the time of executing the bail bond.
- He must not tamper with prosecution witnesses or evidence and must cooperate with the trial.
- He must not commit similar offenses while on bail.
Outcome:
The court’s decision balances the severity of the offense with the individual’s right to liberty. By imposing stringent conditions, including weekly police station attendance and providing detailed contact information, the court aims to ensure Shinde’s compliance with the legal process while granting him bail. The case highlights the court’s consideration of both the nature of the offense and the accused’s criminal history in bail matters.