Nigerian Caught With Cocaine In India
A 34-year-old Nigerian
national has been sentenced to one year in jail for possessing nine
grams of cocaine and living illegally in India on fake visa and
passport by a Delhi court which took a kind view towards him because of his
young age.
Special NDPS Judge Shail Jain handed down the
sentence to Richard, who was residing in Tilak Nagar here, with a
direction that after he serves his jail term, he be handed over to the Foreigners
Regional Registration Office (FRRO) authorities for the purposes of
deportation.
"Keeping in
view the facts and circumstances of this case and young age of convict, the
lenient view is taken," the judge said.
While judging him,
the court trusted on the testimonies of police officials and said that
non-joining of public witnesses was "not disastrous to the case".
"The recovery
of contraband is clearly established from accused and being a Nigerian national
he was found in India without legal documents and his passport and visa are
fake," the judge said.
"The
non-joining of public witnesses is not fatal to the case as otherwise the case
is proved by way of logical and persuasive evidence.
"On examining
the facts of the case as well as evidence of prosecution witnesses and the
documents, this court is of the opinion that there is no reason to discredit
the convincing testimony of prosecution witnesses," the court said.
The court convicted
Richard of offences under provisions of the Narcotics Drugs and Psychotropic
Substances (NDPS) Act, the Foreigners Act and section 474 (intending to
use forged document as genuine) of the IPC.
According to the
prosecution, on May 8, 2014, when three police constables were on duty of
checking vehicles, Richard came towards police picket from Outer Ring Road but
on seeing the cops he tried to escape.
He was chased and
arrested by the police and he was found possessing nine grams of cocaine, it
said, adding that the passport recovered from him had an expiry date of 2013
and he had entered India with forged passport and visa.
During the trial,
Richard had pleaded not guilty and claimed he was falsely implicated.
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