Mumbai, Maharashtra – April 25, 2022 – A Mumbai Special Court for NDPS Cases has granted bail to Mahesh Devappa Putake, who was arrested for possession of 2200 grams of Ganja. The court, presided over by Special Judge V.V. Patil, granted bail citing the intermediate quantity of the contraband, the lack of criminal antecedents, and the completion of the recovery process.

Mahesh Devappa Putake (22) was arrested by Malavani Police Station in C.R. No. 128 of 2022 for offenses punishable under section 8(c) read with 20 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

Details of the Allegations:

According to the prosecution, on March 31, 2022, a patrolling team from Malavani Police Station found Putake acting suspiciously in front of Daulat Highschool, Ali Talav, Kharodi, near Jurassic Park, Malavani. Upon search, he was found in possession of 2200 grams of Ganja in a white nylon bag.

Arguments Presented During the Bail Hearing:

Advocate Kiran Gogawale, representing Putake, argued that his client was falsely implicated and had no connection with the alleged contraband. He emphasized that the recovered quantity fell under the intermediate category, making Section 37 of the NDPS Act (stringent conditions for bail) inapplicable. He also stated that Putake had deep roots in society and was ready to abide by any conditions imposed by the court.

APP Rajput, representing the prosecution, opposed the bail, stating that Putake had purchased the Ganja from Sandeep Sable and Babu, who were yet to be arrested. The prosecution argued that granting bail could lead to Putake indulging in similar offenses and that the investigation was ongoing.

Court’s Reasoning and Decision:

Judge Patil, after reviewing the records and hearing both sides, noted that the 2200 grams of Ganja recovered from Putake fell under the intermediate quantity category, making Section 37 of the NDPS Act inapplicable.

“Perusal of record reveals that on 31.03.2022, a team of Malavani police Station was on patrolling duty in their jurisdiction, where they found present applicant in suspicious condition. Hence officers apprehended him. On search, he was found in possession of 2200 gms. of Ganja. Now, the quantity of contraband recovered from the applicant is Non Commercial Quantity. Hence stringent provisions of Sec. 37 of NDPS Act are not applicable,” Judge Patil stated in the order.

The court also dismissed the prosecution’s argument that the investigation was ongoing, stating that the recovery was completed and nothing remained to be recovered.

“Prosecution opposed the application on the ground that investigation is in progress. However, this is not ground to deny the bail. Already recovery is completed and nothing is remained to be recovered,” Judge Patil noted.

The court also considered that Putake had a permanent address in Mumbai, was not likely to abscond, was ready to abide by any conditions, and had no criminal antecedents.

“Further more, applicant has a permanent address in the Mumbai and he is not likely to abscond. Further, applicant is ready to abide by any conditions imposed by the Court. There are no criminal antecedents to the discredit of the applicant. No purpose will be served by keeping the applicant in the custody. Hence I hold that application deserves to be allowed and applicant is entitled to be released on bail,” Judge Patil concluded.

Conditions of Bail:

The court granted bail to Putake on a personal bond of ₹20,000 with one surety of the same amount, subject to the following conditions:

• He must attend Malavani Police Station every Wednesday between 2:00 PM and 5:00 PM until the filing of the charge sheet.
• 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.
• He must cooperate in the early disposal of the trial.
• He must not commit similar offenses while on bail.
• Provisional cash bail of ₹20,000 was allowed for eight weeks.

Implications of the Decision:

This decision highlights the court’s consideration of the quantity of the contraband, the applicability of Section 37 of the NDPS Act, and the completion of the recovery process when granting bail. It emphasizes that the lack of criminal antecedents and the accused’s willingness to abide by conditions are significant factors in bail considerations. The ruling also underscores that the mere pendency of an investigation is not a sufficient ground to deny bail when the recovery is complete and there is no risk of the accused absconding or tampering with evidence.