In a significant legal development, a Navi Mumbai man, Dattatray Haridas Vidhate, has been granted bail after being arrested with 10 kg of ganja. The sessions court in Mumbai made this decision, emphasizing the importance of personal liberty and the lack of societal threat posed by the accused. Vidhate, who had been arrested twice in connection with the possession of the narcotic substance, was released on the grounds that his continued detention was not justified.
Legal Proceedings and Bail Decision
The court’s decision to grant bail to Vidhate was based on several factors. Firstly, the court noted that Vidhate had already been arrested twice for the same offence, indicating that he was not a flight risk. Additionally, the court emphasized the principle of personal liberty, stating that every individual is presumed innocent until proven guilty. The judge highlighted that the purpose of bail is to ensure the accused’s presence at trial, not to punish or prevent them from living freely.
The prosecution had argued against granting bail, citing Vidhate’s previous failure to appear in court, which had led to the issuance of a non-bailable warrant. However, the defense successfully argued that Vidhate had already spent a significant amount of time in custody and that the quantity of ganja involved was classified as intermediate, not commercial. This classification played a crucial role in the court’s decision to grant bail.
Background of the Case
Vidhate’s legal troubles began in February 2014 when he was first arrested with 10 kg of ganja. He was charged under sections 8© and 20(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. After being released on bail in March 2018, Vidhate failed to appear in court, leading to the issuance of a non-bailable warrant. He was subsequently arrested again in 2019 in connection with another case and had been in judicial custody since November 2024.
The defense argued that Vidhate’s prolonged detention was unjustified, given the intermediate quantity of the contraband involved. They also pointed out that Vidhate had not posed any threat to society during his time out on bail. The court, taking into account these arguments and the principle of personal liberty, decided to grant bail to Vidhate.
Implications of the Bail Decision
The court’s decision to grant bail to Vidhate has significant implications for similar cases in the future. It underscores the importance of personal liberty and the presumption of innocence, even in cases involving narcotic substances. The decision also highlights the need for a balanced approach in granting bail, considering both the nature of the offence and the accused’s conduct.
This case serves as a reminder that the primary purpose of bail is to ensure the accused’s presence at trial, not to serve as a form of punishment. The court’s emphasis on personal liberty and the presumption of innocence sets a precedent for future cases, ensuring that individuals are not unjustly detained for prolonged periods.
