Manny Encarnacion is out on bail, but cannot leave India.
By The American Bazaar Staff
NEW DELHI/NEW YORK: Manny Encarnacion, the New York Police Department (NYPD) cop arrested at the Indira Gandhi International Airport on March 11th, and subsequently released on bail the same day, for possessing three bullets in his luggage, has to wait till July 1 for his case to be heard in the Delhi High Court. He is not allowed to leave the country as his passport has been impounded by authorities.
The ruling by Justice Sunil Gaur came on Thursday after Delhi Police officials refused Encarnacion’s defense plea to quash the First Information Report lodged against him for the offense under India’s Arms Act, and requested for more time to complete their investigation in the matter.
“The present case is still at the stage of investigation and hence the prayer for quashing of FIR is opposed,” police said in the status report filed in the court.
Encarnacion, 49, maintained that the three 9 mm bullets were carried inadvertently by him, without intent, and he has no prior criminal convictions. He was visiting India to be with his wife, an Iranian student. He faces up to three years in prison if convicted of the charges.
“We think the judge will recognize the fact that Manny is a cop and obviously left the bullets by mistake,” his lawyer said.
The officer had gone to the department firing range before he left for India and put the bullets in a coat pocket, the NYPD has said.
The New York Post reported that according to sources, the case is turning out to be an expensive one for Encarnacion. He has till date paid $900 bail, and $10,000 for a lawyer. The Detectives Endowment Association is trying to tap his pension plan for an emergency loan.
Indian authorities pushed hard for Encarnacion to accept a plea deal that would have meant a steep fine and required him to stay in the country for an additional six months, reported Post.
2 Comments
If an Indian diplomat is subjected to American laws then why shouldnt an american cop in India be subjected to Indian laws?
It does not matter if Manny is NYPD officer or not. What does matter the most is carrying bullet without license is a punishable offence under Arms Act in India. So whoever the person is whether Indian or any foreigner, including Manny encarnasion (A COP in NYPD but a foreign tourist in India), he has to go through the legal action and if found guilty then let the law of the land take its course without any prejudice. Carrying a Arm, Weapons, bullets are punishable upto 3 to 7 years jail term under Indian Arms Act