Team Goemkarponn
PANAJI: The Bombay High Court at Goa has granted bail to Mohammed Osman, also known as Faisal, an accused in a narcotics case, observing that his continued incarceration for over four years without completion of trial amounted to a violation of his fundamental right to personal liberty.
Justice Dr. Neela Gokhale noted that the prolonged detention was inconsistent with the stringent bail provisions under the NDPS Act, especially when the trial had progressed slowly with only five witnesses examined so far.
Osman was arrested on 5 February 2022 after Anjuna police allegedly seized 38.88 grams of MDMA from a vehicle in Siolim based on a tip-off. The prosecution had argued that the seized substance constituted a commercial quantity and opposed bail, also referring to the accused’s prior criminal record.
However, the defence contended that the trial had been unduly delayed and pointed to inconsistencies in the recorded weight of the seized drugs.
The court observed that concerns raised by the prosecution could be addressed during trial proceedings, but held that the delay in itself was sufficient grounds to grant bail. Out of 13 witnesses cited by the prosecution, only five have been examined since September 2022.
The accused has been released on a personal bond of ₹50,000 with sureties. As part of the bail conditions, he has been directed to remain within Goa, cooperate with court proceedings, and refrain from influencing witnesses.
