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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT GOA
M.S. Jawalkar, J.
Chinedu Monday Nwafor - Appellant
Versus
State Of Goa - Respondent
Criminal Bail Application No. 13 of 2021
Decided On : 11-02-2021
Bail - NDPS Act - The court dismissed the bail application, finding that the applicant's previous bail applications were rejected after the filing of the charge-sheet, and there was no change of circumstances to warrant a new application. The court also noted that the applicant made false statements and abused the process of law.
Fact of the Case:
The applicant filed a bail application under section 439 of CrPC, which was the fourth bail application. The applicant was arrested for possession of contraband substances and had previous criminal charges against him.
Finding of the Court:
The court found that the applicant's bail applications were rejected after the filing of the charge-sheet, and there was no change of circumstances to warrant a new application. The court also noted that the applicant made false statements and abused the process of law.
Issues: The main issue was whether the applicant was entitled to bail under the NDPS Act, considering the previous rejection of bail applications and the seriousness of the charges against him.
Ratio Decidendi: The court held that the applicant's previous bail applications were rejected after the filing of the charge-sheet, and there was no change of circumstances to warrant a new application. The court also found that the applicant made false statements and abused the process of law.
Final Decision: The court dismissed the bail application, considering the lack of change in circumstances and the applicant's false statements and abuse of the process of law.
JUDGMENT
M. S. Jawalkar, J. - The present application is filed for grant of bail under section 439 of CrPC. It is the fourth bail application. It is submitted that before filing of charge-sheet, applicant's bail application was rejected by the Trial Court and one bail application was rejected by the High Court. After filing of charge-sheet, one bail application was rejected by the Trial Court. The present bail application is the fourth bail application. The petitioner challenges the rejection of bail application by Special Court in Special Criminal Case (NDPS) No. 43/2020.
2. It is contended that there was no drug detection kit used on the spot for testing LSD and no chemical report is attached with chargesheet. Applicant is a Nigerian National and arrested on 08.12.2019 in Crime No. 225/19 under section 20 (b) (ii) (E), under section 21 (b), 22 (b) and 22 (c) of NDPS Act. He was alleged to be found in possession of 8 grams of MDMA, 12 grams of charas, 9 grams of cocaine and 8 grams of ecstacy tablets and 0.130 grams of LSD. He has submitted that as drug detection kit was not used and no CFSL report along with charge-sheet in respect of LSD is filed, he is entitled for bail.
3. Learned PP Shri S.G. Bhobe opposed the application. It is pointed out that drug testing kit was utilized for testing the drugs seized. It is not the case that only LSD was seized. There are four other contraband substances seized from the accused. It is also submitted that the crime committed by the accused is of serious and grievous nature and is punishable with rigorous imprisonment for a term upto 10 years and with fine upto Rs. 1,00,000/-. For offence under section 22 (b) of NDPS Act, the punishment is rigorous imprisonment for a term not less than 10 years and may extend to 20 years.
4. It is also pointed out that while in police custody the applicant had tried to escape from the legal custody and in this connection, offence vide Crime No. 226/19 under section 224 and 353 of IPC is registered. The charge-sheet is filed and pending for trial.
5. The charge-sheet is filed in the present matter which is registered as Special Criminal Case (NDPS) No. 43/2020 before the Addl. Sessions Judge, Mapusa and CFSL report is awaited. It is also pointed out that the applicant is not having any passport and travel document and in this connection, an offence is registered vide FIR No.141/2018 under section 14 of Foreigners Act dated 31.07.2018. Charge-sheet is also filed on 24.09.2018 and same is pending for trial. It is further stated that earlier an offence vide Calangute Police Station FIR no. 84/2019 under section 20 (b) (ii)(A) of NDPS Act was registered and charge-sheet is filed on 03.08.2020. The same is pending for trial. On this background of previous series of offences and an attempt to escape from custody of police, the bail application is opposed by the P.P.
6. I have considered the submissions advanced by the Counsel for the applicant as well as P.P. The learned Counsel for the applicant placed on record copy of the charge-sheet. The said charge-sheet appears to be filed on 02.06.2020. Thus, except Bail Application No. 271/19 which is the first bail application before Session Court, appears to be filed before filing of charge-sheet. The second bail application appears to be filed after filing of the charge-sheet before this Court which came to be rejected. Subsequent thereto, third bail application is filed before Sessions Court. The said application also stands dismissed on 24.11.2020 with observations that "the order passed by the Hon'ble High Court has not been placed on record by the Advocate for the accused inspite of directions". The fourth bail application filed before this Court was withdrawn by the applicant. As such, it is a false statement made by the applicant that the applicant's bail applications were rejected by the Trial Court as well as High Court before charge-sheet. In fact, there is no change of circumstances from the rejection of the ba
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