PANAJI
An Australian national, who challenged a charge sheet filed by the Anti Narcotics Cell (ANC) against him under the NDPS Act citing endless wait for Chemical Analysis (CA) report, has failed to secure bail by a fast track court in Panaji.
On November 5, 2021, David Stanley Imich, 57, was arrested from Pernem for allegedly possessing a commercial quantity of MDMA and Charas, valued at Rs 1.85 lakh approx. Since then, he has been lodged in Colvale jail.
In his second bail application filed recently, the foreigner raised doubts about the Drug Detection Kit's testing arguing it does not establish that the alleged substance shown to be found is indeed MDMA. He also pointed out that the chargesheet is filed in violation of NDPS Rules also as the samples sent for CA to forensic laboratory are still pending.
“As on date, the report from the forensic laboratory has not come to certify that what was found in possession of the accused either MDMA or charas and the accused (is) languishing in jail for the last 15 months. The accused has (the) right to have a fair and speedy trial which has been taken away by prosecution,” he said.
The State, on the other hand, submitted to the Court that the accused could flee the country and that his tourist visa expired, hence, he has no legal permission to stay in Goa/India. The accused, if found guilty can be jailed for up to 20 years along with a hefty fine between Rs 1 lakh and Rs 2 lakh.
“The IO is following the laboratory to secure the report and laboratory officials have assured that report will be furnished soon. If the accused is released on bail there is every possibility that he may jump the bail,” the prosecution said.
Additional Sessions Judge, (FTC-I) Panaji Cholu Gauns accepted the prosecution's submission while rejecting bail. "The record indicates that the prosecution is making its efforts to get the CA report as early as possible and they are pursuing the same with the laboratory. … Non availability of CA report is of no consequence to get the bail at this stage. Considering other factors going against the accused … I am not inclined to grant bail only for delay in securing a CA report at this stage. There is no reason to believe that the accused is not guilty of offence for which he is charged,” the Judge said.
