Mumbai, Maharashtra – May 20, 2022 – Dinanath Radheshyam Mishra, accused in a Narcotic Drugs and Psychotropic Substances (NDPS) Act case, 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, citing the non-commercial quantity of the recovered contraband and the principle of parity, as other co-accused were already granted bail.
Mishra was arrested on March 23, 2022, by the Shivaji Nagar Police Station and charged under sections 8(c), 20(b), and 29 of the NDPS Act. The prosecution alleged his involvement in a drug trafficking network.
Background of the Case:
The case originated with the arrest of Murgan K. Mupnar on February 7, 2022, who was found in possession of 1.6 kilograms of Ganja. Subsequent investigations led to the arrest of Dinesh Chavan, from whom 108.2 kilograms of Ganja was recovered. Chavan’s statement implicated Ajay Sing, Pawan Singh, and Ashu Sharma. Eventually, based on the statement of Pawan Ray @ Singh, Mishra was arrested and found in possession of 1.5 kilograms of Ganja.
Applicant’s Arguments for Bail:
Mishra, represented by Advocate Meti, argued that he was falsely implicated. He highlighted that the recovered 1.5 kilograms of Ganja fell under the non-commercial quantity category, making Section 37 of the NDPS Act (which imposes stringent bail conditions) inapplicable. He also argued that he had no direct nexus with the other co-accused and the contraband recovered from them. Mishra, a resident of Thane, assured the court he would not abscond or tamper with witnesses and would comply with all imposed conditions.
Prosecution’s Objections:
Mr. Rajput, representing the State, strongly opposed the bail application. He emphasized the large quantity of Ganja recovered from Dinesh Chavan and argued that Mishra was part of a drug trafficking conspiracy. The prosecution contended that if granted bail, Mishra might abscond and not be available for trial.
Court’s Observations and Decision:
Judge Patil noted that the recovery from Mishra (1.5 kilograms of Ganja) was indeed a non-commercial quantity. He also acknowledged the applicant’s argument that the primary evidence against him was the statement of a co-accused, which, at this stage, was not considered sufficient to invoke Section 29 of the NDPS Act (which deals with criminal conspiracy). The court emphasized that there was no prima facie material to establish a conspiracy involving Mishra.
The court also considered that other co-accused in the case had already been granted bail, establishing a ground for parity. Mishra’s residential stability in Thane and his assurance of compliance with court conditions further supported his bail plea.
Bail Conditions:
The court granted bail to Mishra, subject to the following conditions:
- Mishra must furnish a Personal Recognizance (P.R.) bond of Rs. 30,000 with one or two sureties of the same amount.
- He must attend the Shivaji Nagar Police Station every Monday and Friday between 11:00 AM and 2:00 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.
- The court granted permission for Mishra to furnish a provisional cash bail of Rs. 30,000 for a period of eight weeks.
Outcome:
The court’s decision underscores the significance of the quantity of recovered contraband in NDPS cases and the principle of parity in bail matters. By imposing conditions such as regular police station attendance and detailed contact information, the court aims to ensure Mishra’s cooperation with the legal process while granting him bail. The case highlights the court’s careful consideration of the evidence and legal provisions when determining bail applications in NDPS cases.