An Indian court has sentenced a 34-year-old Nigerian, Godwin Chukwu, to five years imprisonment for illegal entry and possession of a forged passport after acquitting him of drug charges.
KUKURUKU metro learnt from a report by the Times of India on Sunday that Chukwu was arrested in 2021 for illegal possession of 151 grams of cocaine, which was categorised as a commercial quantity.
The report added that Special Judge K.G. Joshi found that the prosecutors did not have enough evidence to prove that Chukwu had the drugs.
The report noted that after years of trial, Chukwu was acquitted of the drug charge, but the court, however, found him guilty of illegally entering the country and using a passport that was not issued by the Nigerian government.
It read in part, “The court, however, sentenced him to five years of rigorous imprisonment after [he] entered India without a valid visa or passport. He possessed two passports: one was expired, and the other was forged.
The offences punishable under the provisions of the Foreigners Act are stringent in providing punishment to curb the menace of illegal entry and residence in India, to prevent the harm caused to society.
The record of the proceedings shows that he has contributed to the protracting and prolonging of the hearing of the trial along with the prosecution and investigating machinery in securing the presence of prosecution witnesses…” the judge said.
The report added that the convict was also fined Rs 50,000.
Narrating the lapses in the drug charges, the judge noted that there were procedural lapses and that “the evidence on record shows that no authorisation was taken from the superior authority to conduct a house search of the accused.”
The report continued that the judge stressed that there were no samples or bulk of the alleged drugs presented before the Magistrate for inventory.
The report continued, “It was the prosecution’s case that Chukwu was arrested on October 8, 2021. The police kept a watch on him after receiving secret information that he would be arriving at the location to sell cocaine.
“Admittedly, non-compliance with the mandate of the provisions of the NDPS Act vitiates the trial. There is no explanation from the prosecution. The samples and bulk were not produced before the Magistrate for inventory.
The evidence of the IO shows that PI Bainwad was a gazetted officer in the raiding team. When the accused was apprehended, PI Bainwad had introduced himself.
This casual approach of the investigating team creates doubt about their activity of seizure and search. Except for oral testimony, there is no document showing that PW-6 (prosecution witness, investigating officer) had made a call to an official superior and received orders.”
The judge concluded that the investigation was not “reliable and trustworthy” and that the prosecution could not prove the charge of drug possession against Chukwu.
