Planting of drugs: High Court stays framing of charges against policemen

PANJIM: The High Court of Bombay at Goa on Wednesday stayed the order of the North Goa Additional Sessions Court, Mapusa, ordering framing of charges against seven policemen including the then DySP Naresh Mhamal and PSI Sunil Gudlar for making false statements against Israeli national David Driham alias Dudu under relevant sections of the Narcotics Drugs and Psychotropic Substances (NDPS) Act.

While discharging Dudu, the Additional Sessions Court, Mapusa had ordered framing of charges against seven policemen punishable under Section 120-B read with 24, read with Section 192, read with 195, 203, 211, 506 (ii) of IPC and substantive offences under Section 195 of IPC.

Besides DySP Mhamal (now retired) and PSI Gudlar, the other police personnel against whom charges had been framed were Euarmia Guraya, Mahadev Naik, Mahabaleshwar Sawant, Nagesh Parsekar and Sameer Varkhandkar, who were found to be deceptive in their statements as per the chargesheet filed by the Central Bureau of Investigation (CBI).

The CBI chargesheet had stated that PSI Gudlar along with other accused hatched a criminal conspiracy and in furtherance of a common intention to extort money, they fabricated a false case against Dudu.  

The possession of illegal contraband was not found in Dudu’s possession but on the contrary it was seen prima facie to be implanted on him, the chargesheet stated.

The Mapusa Court had found that there was ample material before the court to frame charges against the seven accused police personnel for offences punishable under Section 20 (B) (ii) (c), 21 (a) (b) and 22 (c) of the NDPS Act

The criminal revision application before the High Court has been filed by Euarmia Guraya and others praying to quash and set aside the order of the Additional Sessions Court, Mapusa. 

The High Court on Wednesday issued notices to all the respondents including Dudu and posted the matter for next hearing on September 25.  

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