Birch owners Luthras get bail in NOC forgery case

Panaji: A local court in Mapusa on Wednesday released the Luthra brothers on bail in connection with a forgery case registered at the town police station. The duo, Gaurav and Saurabh, are co-owners of Birch by Romeo Lane, the Arpora nightclub where 25 people were killed in a fire on Dec 6.

During the investigation into the fire, a separate FIR was registered at the Mapusa police station, accusing them of forging a health NOC and using it to obtain an excise licence to run Birch by Romeo Lane, thereby cheating authorities. The health officer of the Candolim primary health centre complained that authorised persons of GS Hospitality Arpora LLP intentionally and dishonestly prepared an NOC by imposing and forging the signatures of health officers and used it to get an excise licence. The offence was allegedly committed in 2023-2024.

The Luthra brothers stated that there is nothing in the prosecution’s case to show that they created the alleged forged NOC, and that they did not apply for any permission/licence on behalf of Being GS Hospitality Goa LLP for running the restaurant.

They said that they cannot be held liable for the act of a firm or other partners without evidence of active participation or criminal intent.

The prosecution opposed their bail in view of the seriousness of the offence, magnitude of loss of human life, organised criminal conspiracy, inter-state ramifications, and likelihood of tampering with evidence.

The prosecution stated that the forged NOC was the “key” that created the legal right to operate the restaurant and obtain an excise licence. They added that it was not a simple letter that was forged but a key to profit, which allowed the applicants, with their associates, to bypass safety laws, leading to the death of 25 people. Without the excise licence, Birch by Romeo Lane could not have legally generated its revenue, the prosecution stated.

The court, however, held that there is no direct prima facie material to show that the brothers forged the NOC. “The said NOC also prima facie would not create any right in favour of LLP to sell liquor as same can be carried out only after obtaining permission from excise department. Therefore, I am of the prima facie view that the alleged NOC cannot be termed as valuable security. The alleged NOC which is forged is an NOC from the sanitary point of view to run a restaurant. The NOC... nowhere mentions that the same is for obtaining an excise licence or for that matter selling liquor. My observations are only restricted to the bail application,” stated JMFC, ‘C’ court, Mapusa, Jude Sequeira.