PANAJI
In a major setback to the Narcotics Control Bureau (NCB), the High Court of Bombay at Goa allowed suspected drug dealer David Driham, alias Dudu, to remain at liberty, emphasising that he has regularly attended trial proceedings and not abused his bail conditions since his initial release last year.
The Bench of Justice Neela Gokhale observed that because the accused has consistently cooperated with the NCB investigation and formal charges have already been framed by the trial court, his freedom should be sustained under fresh, strict terms.
Highlighting this central ground for the ruling, the High Court stated: “The Respondent was enlarged on bail on June 4, 2025... the Respondent had cooperated with the investigation of the case. There is no report of the Respondent having abused his liberty. Moreover, the charges in the criminal case have been framed by the Trial Court...” reads the order pronounced on Wednesday.
The Judicial Magistrate First Class (JMFC), Mapusa, had granted bail to Driham in a drugs seizure case, on the grounds that written, individualised grounds of arrest were not appropriately served.
In evaluating the lower court's decision, Justice Gokhale pointed out critical omissions and procedural anomalies, observing that the Magistrate, while summarily upholding Driham’s grievance, ought to have discussed the relevant laws and Supreme Court decisions applicable to the facts of the present case.
“Moreover, the order does not even impose any condition on the Respondent while enlarging him on bail. Peculiarly, the Magistrate herself has addressed a letter to the Police Inspector directing the release of the Respondent forthwith,” it said.
Citing a recent Supreme Court ruling (State of Karnataka vs Sri Darshan), the High Court reiterated that the mere absence of separate written grounds does not render an arrest illegal unless demonstrable prejudice is proven.
Evidence showed Driham had acknowledged the grounds by countersigning the arrest memo in his own handwriting and had even intimated his driver. Consequently, the High Court officially set aside the “flawed” 2025 JMFC order.
Though the original bail order was quashed due to these legal deficiencies, the High Court chose not to remand Driham back into NCB custody, relying instead on his flawless compliance record over the past year.
The Bench has directed Driham's release on the execution of a PR bond of Rs 20,000 with one or two sureties, subject to several strict conditions, not to leave India without the permission of the Trial Court, and not tamper with or attempt to influence or contact the complainant, witnesses or any person concerned with the case, among other conditions.
