Lab report confirms commercial quantity of narcotics, prompting bail cancellation
PANAJI
The Additional Sessions Court has cancelled the bail granted to an alleged drug peddler, Akash Mardolkar, more than a year after granting him conditional release.
Mardolkar was arrested on April 28, 2023, for his alleged involvement in the procurement and possession of a commercial quantity of narcotics including LSD, MDMA/Ecstasy and Charas. Mardolkar was initially granted bail on June 2, 2023, after the Additional Sessions Judge-2, Mapusa observed that neither was the seized drug MDMA/Ecstasy tested with a field-testing kit at the raiding site nor was the report of the chemical examiner available at the time.
The chemical analysis report from CFSL, Pune, on August 17, 2023, thereafter confirmed that the substances seized from Mardolkar tested positive for LSD, MDMA and Charas. The report identified the contraband as nine blots of paper containing LSD, a light orange rectangular tablet containing MDMA and 30 grams of Charas.
During the hearing on the plea by the State, Special Public Prosecutor S Taleigaonkar argued that the chemical examination report confirmed that the drugs seized from Mardolkar were of commercial quantity. The PP further stated that with the fresh evidence, the conditions under Section 37 of the NDPS Act were now applicable, making it imperative to cancel the bail.
Defence counsel Advocate K Poulekar however contended that there was no evidence to suggest that Mardolkar had misused the liberty granted to him while also pointing out that the charges had not been framed for nearly two years. “Enormous delay would be caused in the conclusion of the trial, no purpose shall be served by cancelling the bail,” he added.
The court observed that the chemical examination report constituted a supervening circumstance making it no longer conducive to a fair trial for Mardolkar to remain on bail.
“There are overwhelming circumstances in the present case regarding cancelling the bail. The receipt of the chemical examination report is certainly a fresh circumstance that arose during the progress of the trial after the accused had been admitted to bail. The same can also be considered as supervening circumstances warranting cancellation,” reads the order adding,
“The accused is found in possession of a considerable quantity of the contraband drugs. Considering the conduct of the accused, the conspiracy angle alleged against the accused and the fact that the accused has failed to show any source of income for his living, the inference can be safely drawn that the livelihood of the accused is totally dependent on sale and supply of the narcotic drugs. The possibility of the accused again committing similar crimes also cannot be ruled out. There are also reasonable grounds for believing that the accused is guilty of the offence charged against him.”
The court thus remanded him to judicial custody while cancelling his bail.
