PANAJI
Caitano Fernandes, a former drug convict allegedly involved in smuggling narcotics from a Nigerian convict at Colvale Jail, has been denied bail by the Special Judge who observed it is not in the “public interest” to grant him bail.
Fernandes was arrested by the Narcotics Control Bureau during a major raid at his Assagao residence on January 6, during which 116 gms of Charas and 2.2 gms of cocaine were recovered. His son Mervyn alias Melvin was also arrested and subsequently released on bail.
During Caitano’s bail hearing before the NDPS Special Judge Bosco Roberts, the accused submitted that he had been falsely implicated in the case and cited he had been undergoing treatment at the Institute of Psychiatry and Human Behaviour since 1999. Moreover, he was acquitted by the High Court in a 2013 drug case booked by the Anti-Narcotics Cell besides which Caitano further claimed innocence in a subsequent 2018 drug seizure by the ANC, wherein he was granted bail and is attending trial.
Nevertheless, the Court observed that Caitano's legal representative failed to produce the acquittal order and further rejected the argument that filing a charge sheet constitutes a change in the accused’s circumstances. Judge Roberts observed that the filing of the charge sheet indicates material evidence against the accused persons.
“Filing of charge sheet establishes that after due investigation, the investigation agency, having found materials, has placed the charge sheet for the trial of the accused persons,” it said while referring to a judgment in a similar case in Karnataka.
The Court also noted that NCB’s investigation revealed Nigerian Ugochukwu Solomon, sentenced to around 10 years of imprisonment in another drugs case, would supply drugs to the accused father-son from the jail.
Acknowledging Sessions Court’s order denying the accused bail in “public interest,” the Special Judge said there is evidence to even frame charges against the accused. “…There is prima facie material showing the direct involvement of accused Caitano een justifying framing charges against him and Mervyn for committing offences under the NDPS Act. Hence, I am not inclined to grant bail… I reject the bail application,” reads the order.
