Jammu and Kashmir cadre Indian Police Service (IPS) officer Saji Mohan Varghese who was arrested with heroin in Oshiwara on last week, will be produced in the special Narcotics Drugs and Psychotropic Substances court on Saturday.
However, experts in NDPS laws said that he would not be remanded further in the case as one can only be remanded for 14 days in an NDPS case that has been already exhausted by the investigating agency.
“When he is produced in the special court, he is likely to be remanded in judicial custody, as under NDPS one gets police custody for 14 days only,” said Advocate Taaraq Sayeed. “However, the investigating agency will get 180 days to file the chargesheet.”
Would Saji be entitled to bail? Lawyers feel that for bail, the accused would have to satisfy the court that prima face he is not guilty. “He can make the bail application on the day his custody ends but he will also have to satisfy the court with the contention that prima-facie he is not guilty,” said Advocate Aayaz Khan.
Though he could escape police custody, the Chandigarah police will apply in the NDPS court and seek his custody in a case of misappropriation of Rs 13 lakh.
Saji’s lawyer K. Balkrishnan said he was unaware of any application, and would argue once it came in court. Asked about his line of argument, he said, “We will have to see the chargesheet and decide.”