CHINEDU MONDAY NWAFOR Vs. STATE OF GOA

JUDGEMENT

(1.) 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.