5 days ago
Nigerian National Acquitted in Cocaine Case Due to Procedural Lapses, Sentenced for Illegal Entry
Mumbai: Observing that the benefit of doubt is given to the accused since the police machinery has not followed the proper procedure and mandates, a special NDPS court this week acquitted a 34-year-old Nigerian national in a drugs case where he was accused of possessing 151 grams of cocaine, categorized as commercial quantity, at Malad (W) in 2021.
The court, however, sentenced him to five year rigorous imprisonment after entered India without a valid visa or passport. He possessed two passports: one was expired, and the other was forged. Finding Godwin Chukwu guilty of offences under the Foreigners Act, special judge KG Joshi said that the reply from Nigerian High Commission showed that the visas were not issued by their office. "The offences punishable under the provisions of Foreigners Act are stringent in providing punishment so as to curb the menace of the illegal entry in residence in India, so a to prevent the harm causing to the society.
The record of the proceedings shows that he has contributed in the protracting and prolonging of hearing of the trial along with the prosecution and investigating machinery in securing presence of prosecution witnesses. Therefore, he may not be benefited by his own contribution in the trial," the judge said. Chukwe was also fined Rs 50,000.
It was the prosecution's case that Chukwe was arrested on Oct 8, 2021. The police kept a watch on him after receiving secret information that he would be arriving at the location to sell cocaine.
by Taboola
by Taboola
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In a 76 page judgement copy, pointing to the procedural lapses, the judge said that the evidence on record shows that no authorization was taken from the superior authority to conduct a house search of the accused. "Admittedly, non compliance of mandate of provisions of NDPS Act, vitiate the trial," the judge said.
The judge further said that the evidence on record shows that except stock panch witness, no independent witnesses were examined.
"Admittedly, there is no explanation from prosecution. The samples and bulk was not produced before the Magistrate for inventory…The evidence of IO shows that PI Bainwad was Gazetted officer in the raiding team. When the accused was apprehended, PI Bainwad had introduced himself. This casual approach of investigating team creates doubt about their activity of seizure and search.
Except oral testimony there is no document showing that PW-6 (prosecution witness, investigating officer) had made call to official superior and received orders. Therefore, it cannot be said that it is reliable and trustworthy," the judge said.
The judge said that in the absence of trustworthy, reliable and clinching evidence, it cannot be said that the prosecution has proved the charge against the accused
