The Special Judge, NDPS-3, Merces, has rejected the fourth bail application filed by Jerry Alex, a Guinean national accused in a commercial quantity liquid LSD case.
The court, presided over by Judge Bosco Roberts, cited the statutory bar under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, applicable to offences involving commercial quantities.
The accused, aged about 46 and unemployed, was arrested on September 30, 2021, by the Anti Narcotic Cell police during a raid at his residence in Candolim. Police allegedly recovered 4.18 grams of liquid LSD from his possession. He was later chargesheeted under Section 22(c) of the NDPS Act.
Alex had arrived in India on a business visa, and the Guinean Embassy was informed of his arrest in 2021.
The case was later handed over to the Narcotics Control Bureau, Goa.
Opposing the bail plea, Special Public Prosecutor Samir Taleigaonker argued that the accused is a habitual offender and is also involved in another commercial quantity drug case, in which he had earlier secured bail. The prosecution contended that there was a high likelihood of the accused absconding if released, given his foreign nationality and the absence of any legitimate business activity in India.
Advocates Ashwin Dalvi and Emie Rodrigues, appearing for the accused, submitted that he had been falsely implicated and that the trial was progressing slowly, with only three of the 17 listed witnesses examined so far. They also pointed out that key independent witnesses, including a pancha witness and the landlord, had not supported the prosecution case in their testimony.
However, the court found merit in the prosecution’s submissions, observing that a detailed appreciation of evidence is impermissible at the bail stage and that prolonged incarceration alone cannot override the stringent conditions laid down under Section 37 of the NDPS Act.
The court noted that the pancha witness had identified the accused as being present during the raid, thereby corroborating the prosecution’s version at this stage. It further held that the accused’s alleged involvement in a second commercial quantity drug case weighed against the grant of bail. The bail application was accordingly rejected.
