The Bombay High Court at Goa grants bail to Nigerian national found in possession of drugs on the grounds that the criminal precedents cannot prevent his facility for bail.
The Bombay High Court at Goa grants bail to Nigerian national found in possession of drugs on the grounds that the criminal precedents cannot prevent his facility for bail.
Title: Geoffrey Samuel Kelvin v. State
Decided on: July 10, 2023
Citation: 2023 SCC OnLine Bom 1368
CORAM: HON’BLE JUSTICE M.S. KARNIK
Introduction
The Bombay High Court at Goa grants bail to a Nigerian national found in possession of drugs on the grounds that the criminal precedents cannot prevent him from using his facility for bail.
Facts of the Case
This is an application for bail for the offence registered against Nigerian National and holder of a Nigerian Passport. The applicant was apprehended and was found in possession of 20 gms of cocaine and 8 gms of MDMA. The quantity was however below the commercial quantity prescribed under the Narcotic Drugs and Psychotropic Substances Act, 1985. The offence was registered against the applicant under Section 21(b) and 22(b) of Narcotics Drugs Act, 1985.
Court Analysis and Judgement:
The Court took account of the fact that have been two criminal precedents against the applicant in the past. The first is an offence registered as far back in 2012 where the applicant was found with 10 gms of cocaine, again a variable quantity. In 2016, the applicant was arrested with 3.8 gms of Methamphetamine again a variable quantity. The trial in respect of these offences is still pending. However, the Court took into consideration the distance of time between the present offence and those registered earlier. According to the judge, the applicant should not be deprived the facility of bail only on the ground of criminal antecedents. The judge also found that the trial is likely to take a long time to conclude. Hence, bail was granted for Rs. 1,00,000.
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Written by- Reema Nayak