THE GOAN NETWORK
PANAJI
The High Court of Bombay at Goa has quashed the NDPS Court's order framing charges against former Anti-Narcotics Cell (ANC) officials accused of fabricating a drugs case against Israeli national David Driham alias Dudu. The Court directed the trial court to expedite the hearing, given that the case dates back to 2010.
Then DySP Naresh Mhamal, PSI Sunil Guddlar, and five constables faced charges to undergo trial under IPC sections as well as Section 20(b)(ii)(c), 21(a)(b) and 22(c) of NDPS Act, in an August 2023 order.
The policemen challenged the order on grounds that no case is made out against them for the offences punishable under the NDPS Act and IPC.
The Bench of Justice Bharat Deshpande observed that the trial court must re-examine the charges, also as the Central Bureau of Investigation (CBI) did not contest the discharge of another accused in the same case.
“The only recourse is now available to this Court is to remand the matter qua the Applicants and direct the trial Court to rehear the matter as far as the framing of charge is concerned since it is now contended on behalf of CBI that Sections 20, 21 and 22 of NDPS Act are not attracted against the present Applicants… The order of the Trial Court directing framing of charge against them, is quashed and set aside and the matter is remanded to the learned NDPS Court, Mapusa to hear the applicants afresh and decide the matter in accordance with law,” reads the order.
The High Court also pointed out to the urgency in expediting hearing the case, and also on the framing of charge as early as possible and decide it afresh.
