Team Goemkarponn
PANAJI: The Bombay High Court at Goa has granted conditional bail to Nigerian national Ifeanyi Pascol Obi alias Alex, observing that an accused cannot be kept behind bars for an inordinate period when the trial remains pending due to delays not attributable to him.
A Bench of Justice S G Chapalgaonkar passed the order in connection with a 2019 drug case registered by Calangute police involving alleged seizure of contraband worth several crores of rupees. Obi has been in custody since October 29, 2019, and has spent nearly seven years behind bars without the trial reaching conclusion.
The Court noted that only seven of the 30 listed witnesses had entered the witness box. It also observed that an earlier five-month deadline fixed 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.
The Bench further held that where the delay in the trial is neither attributable to the accused nor supported by cogent reasons, prolonged incarceration can run contrary to the fundamental right to life and personal liberty.
According to the prosecution, police had recovered Rs 2 lakh in cash and eight packets containing 1,021 grams of cocaine, 2,035 grams of MDMA, 760 grams of amphetamine, 106 grams of charas and 1,270 grams of ganja from Obi’s rented premises at Candolim.
The seized substances were produced before a Magistrate for inventory proceedings, while the CFSL report subsequently confirmed them as contraband. A chargesheet was filed and the trial is pending before the Additional Sessions Judge at Merces.
During the bail hearing, advocate Kamalakant Poulekar argued that Obi had already suffered approximately seven years of incarceration and that the trial was progressing at an extremely slow pace.
“The deprivation of the right to speedy trial and personal liberty cannot be permitted even in NDPS offences,” Poulekar submitted, arguing that constitutional courts retain the power to grant bail where an undue delay in trial results in infringement of fundamental rights.
The prosecution opposed the plea and attributed part of the delay to the COVID-19 pandemic and the delayed receipt of the CFSL report from Pune. It also brought to the Court’s notice that Obi had earlier been convicted in connection with an overstay offence.
The High Court took note of the prosecution’s concerns but held that the prolonged incarceration, coupled with the slow progress of the trial and the likelihood of further delay, justified granting bail.
The Court directed Obi to furnish a bond of Rs 1 lakh with one like surety. His release is subject to production of a valid passport and visa, registration with the Foreigners Regional Registration Office (FRRO), Goa, and disclosure of his residential address and source of funds.
He has also been directed to report to Calangute Police Station every Monday and remain present at all trial hearings. He has been restrained from tampering with evidence or influencing prosecution witnesses.
The order allows Obi to remain out on bail while the criminal trial continues, with the prosecution case and charges against him yet to be finally adjudicated.
