The case against an NYPD cop who has been stuck in India since he was arrested for having three bullets in his luggage likely will be tossed at his Thursday court appearance, his lawyer told The Post.
Veteran Harlem Police Officer Manny Encarnacion, 49, would be able to return home to the United States if a judge agrees to dismiss the charges. He's been in India for six weeks.
"We are expecting the matter to be quashed tomorrow," said the cop's attorney, Samarjit G. Pattnaik.
"We think the judge will recognize the fact that Manny is a cop and obviously left the bullets by mistake."
Pattnaik said his client has been "making the best," of his extended stay — traveling around India with his newlywed wife, an Iranian student named Vida.
"He had to give up his passport but he is allowed to travel around the country freely," Pattnaik said. "He's making the best of it."
Encarnacion on March 10 flew to New Delhi, where an airport security officer found three bullets stuffed — and innocently forgotten — in the pocket of a jacket packed in his suitcase.
He was arrested for violating the country's Arms Act of 1959 and forbidden from leaving India until his case played out in court.
Several US lawmakers called Encarnacion's detainment revenge for Nannygate — in which an Indian diplomat living in New York was strip-searched following her arrest for visa fraud involving her nanny.
Then-Deputy Consul-General Devyani Khobragade's bust sparked outrage across India because of the way authorities treated her.
The security officer who found the bullets in Encarnacion's luggage mentioned it, saying, "You guys like to strip-search our diplomats."
But the cop's lawyer said he did not believe his client's detainment was political payback, noting that anyone found entering India with bullets on them would be arrested.
"I honestly don't believe this is payback, but rather, just a regulation," Pattnaik said. "An Indian citizen would have been charged just the same."
Still, Pattnaik said he was confident the judge would look at the evidence fairly and see that Encarnacion meant no harm.
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