Mapusa Court Grants Bail to Nightclub Co-Owner in Separate Forgery Case
A Mapusa court on Saturday granted bail to Ajay Gupta, the 55-year-old co-owner of Birch by Romeo Lane from Gurugram, in an alleged forgery case involving a health No Objection Certificate (NOC). The NOC was purportedly forged to obtain an excise licence for the nightclub and restaurant. However, Gupta will continue to be held in custody regarding the main investigation into the tragic fire at the venue that claimed 25 lives in December.
Court's Observations on the Alleged Forgery
Judicial Magistrate First Class C Court, Mapusa, Jude T Sequeira, stated in the bail order that the NOC in question does not explicitly mention its purpose for obtaining an excise or liquor licence. The magistrate observed, "The alleged NOC forged is for running a restaurant. As the NOC alleged forged nowhere mentions that the same is for obtaining an excise licence or, for that matter, selling liquor, therefore prima facie I am of the view that the same does not amount to valuable security."
He clarified that these observations were strictly limited to the bail application and not a final judgment on the case's merits.
Background of the Forgery Case
Following the devastating fire at Birch by Romeo Lane, Mapusa police registered a separate First Information Report (FIR) based on a complaint from the health officer at Candolim Primary Health Centre. The complaint alleged that authorized individuals from Birch impersonated the officer, forged his signature, and made a fraudulent entry in the register to secure a health NOC. This document was then allegedly used to obtain an excise licence for the club and restaurant.
The prosecution argued that the NOC was a mandatory requirement for issuing the excise licence, thereby creating a legal right. Without it, the excise licence could not have been granted. In response, the court noted that the NOC merely serves as a qualifying document for the excise licence and does not inherently establish any right to sell liquor, as such permission can only be granted by the excise department after due process.
Gupta's Defense and Role in the Business
Represented by advocate Rohan Desai, Ajay Gupta submitted to the court that he holds only a 10% share in Being GS Hospitality LLP and acts solely as an investor partner. He emphasized that he has no involvement in the operational, managerial, or executive functions of the LLP. Gupta stated that the entire management, administration, and day-to-day operations were never under his control, and he is not an authorized representative of Being GS Hospitality Goa Arpora LLP.
Furthermore, Gupta asserted that he never met the health officer from the health centre, did not sign the register maintained there, and did not apply for any permissions or licences on behalf of the LLP for running the restaurant. His defense highlighted his limited role as an investor, distancing him from the alleged fraudulent activities.
This bail decision marks a development in the legal proceedings surrounding the nightclub, as investigations continue into both the forgery case and the broader tragedy of the fire that resulted in significant loss of life.
