PANAJI
The Bombay High Court at Goa has granted bail to Eduardo de Abreu de Pinto de Santana, who was arrested from his home in Divar on September 24 allegedly in possession of 2.5 kg ganja defined as variable quantity under the NDPS Act.
Hearing the petition, the High Court decided in his favour and agreed to enlarge him on bail on condition that he executes a bond of Rs 30,000 and on his furnishing two sureties, each for the like sum, to the satisfaction of the learned Sessions Judge, Panaji.
He has also been directed not to leave Goa, without prior permission of the Sessions Judge, Panaji and that he shall attend the hearing of the case on the date fixed by the trial court besides other usual conditions including that he shall not influence, induce, threaten or coerce the witness; nor should he abuse the process lest his bail be cancelled.
Adv K Poulekar who argued on his behalf told the court that he was seized with only a variable quantity and small quantity which does not attract the rigours of Section 37 (which is non-bailable) of the Act. He also pointed out that Eduardo was an engineer working in a multinational company and has no criminal antecedents.
On the other hand, the prosecution argued that the people who supplied him the alleged narcotics substances were yet to be arrested and hence he needed to remain in custody for longer.
The court, however, agreed with the applicant.
“I understand that all the offences under the NDPS Act are non-bailable. And Section 37 applies to commercial quantity, by default. When the quantity is either variable or small, the crime must also attract Section 19, 24 or 27A of NDPS Act for Section 37 to apply. Here no such eventuality arises. Besides, the applicant is an engineer with no criminal antecedents. I reckon it is a fit case for the court to enlarge the applicant on bail,” Justice Dama Seshadri Naidu, said.
