JOHNSON RICHARD Vs. STATE OF GOA

JUDGEMENT

(1.) The applicant is seeking bail in Cr. No. 14/2022 registered with ANC Police Station North Goa, for offences under Ss. 22(c) and 21(b) of the NDPS Act.

(2.) The prosecution case is that on 27/8/2022 the staff of Anti Narcotic Police Station, Panaji, Goa along with two panchas conducted a narcotic raid at 'Besides Green Fingers Nursery', Calangute, Bardez, Porba Waddo, North Goa and apprehended the accused/applicant. He was found in possession of 40gms of MDMA, 60gms of Heroin and 50 gms Ecstasy powder, all worth Rs.15,00,000.00. FIR was registered on 27/8/2022. The applicant was arrested on the same day and since then he is in custody.

(3.) Learned advocate for the applicant submitted that the applicant is in custody from 27/8/2022. Although the alleged contraband was seized on 27/8/2022, the CA report is not on record. There is violation of Rule 14 of the NDPS Rules. Under Rule 14 the report was required to be sent by the CFSL within 15 days from the date of receipt of samples. In the absence of the CA report the applicant cannot be compelled to remain in custody till the trial is over. The applicant is entitled for speedy trial. Chargesheet is filed. The applicant cannot be detained in custody for indefinite period.