Nigerian gets bail in NDPS case after nearly 7 years in custody

PANAJI
The High Court of Bombay at Goa has held that an accused cannot be kept behind bars for an inordinate period of time, stressing that prolonged incarceration caused by an unexplained trial delay can infringe the fundamental right to life and personal liberty.
The observation by the Bench of Justice S G Chapalgaonkar came while granting conditional bail to Nigerian national Ifeanyi Pascol Obi alias Alex, who has spent nearly seven years in custody in a Rs 3.11 crore drugs case, registered by Calangute police in 2019.
The Court noted that Obi was arrested on October 29, 2019, but the trial had not concluded, with only the seventh of 30 listed witnesses in the witness box. It also pointed out that an earlier five-month deadline for completion of the trial had expired on May 10, 2026.
“The accused cannot be kept behind bars for an inordinate period of time by taking refuge in rigours laid down in Section 37 of the NDPS Act,” the Court observed, adding that where delay is neither attributable to the accused nor justified by cogent reasons, prolonged incarceration militates against the fundamental right to life and liberty.
The Nigerian national was allegedly involved in drug trafficking, with the police recovering Rs 2 lakh and eight packets containing 1,021 gms of cocaine, 2,035 gms of MDMA, 760 grams of amphetamine, 106 grams of charas and 1,270 grams of ganja from his rented premises at Candolim.
The inventory was produced before a Magistrate and the CFSL report confirmed the substances as contraband. The chargesheet was subsequently filed and the trial is pending before the Additional Sessions Judge, Merces.
Advocate Kamalakant Poulekar submitted that Obi’s incarceration had already lasted nearly seven years and the trial was proceeding at a snail's pace. “The applicant has already suffered incarceration of approximately seven years. The deprivation of the right to speedy trial and personal liberty cannot be permitted even in NDPS offences. The applicant cannot be kept languishing in jail even applying rigors of Section 37 of the NDPS Act. In case of undue delay in trial, restriction to grant bail would not fetter the Constitutional Court’s ability to grant bail on ground of violation of fundamental rights,” he argued during the bail hearing.
The prosecution, however, attributed the delay partly to the Covid-19 pandemic and the delayed CFSL report from Pune. It also stated that the accused was earlier convicted for overstay.
The Court noted the prosecution’s concerns but held that the prolonged incarceration and likely further delay justified bail.
Obi was granted bail on a Rs 1 lakh bond with a like surety, subject to production of a valid passport and visa. He must register with FRRO Goa, disclose his residence and source of funds, report to Calangute Police Station every Monday, and attend every trial hearing without tampering with evidence or influencing witnesses.