PANAJI
The High Court of Bombay at Goa has granted bail to Mohammed Osman, also known as Faisal, an alleged drug offender, noting that his imprisonment of over four years without a trial violated his fundamental right to personal liberty.
Justice Dr Neela Gokhale observed that the long detention went against the strict bail restrictions under the NDPS Act, pointing out that only five witnesses had been examined so far in the case.
Osman was arrested on 5 February 2022 after Anjuna police allegedly recovered 38.88 grams of MDMA from a car in Siolim following a tip-off. The prosecution claimed the quantity was of a commercial nature and opposed bail, citing the accused’s past record.
The defence argued that the trial had made little progress despite the long delay and highlighted discrepancies in the reported weight of the drugs.
The Court said that while issues related to the investigation could be addressed during the trial, the delay alone justified bail. Of the 13 witnesses listed by the prosecution, only five had been examined since September 2022.
Bail was granted on a personal bond of Rs 50,000 with sureties. Osman must stay in Goa, attend all hearings, and avoid influencing witnesses.
