Mumbai: A special NDPS court has sentenced 34-year-old Nigerian national to five years’ imprisonment and a fine of Rs 50,000 for illegally staying in India without a valid visa. However, the accused Godwin Chukwu was acquitted of charges of possessing and selling narcotics in Malad in October 2021.
According to the prosecution, Malvani police received a tip-off on October 8, 2021, that Chukwu was present in Malad to sell drugs. A trap was laid and during his personal search, 151.5gm of white powder was found in his pocket. He allegedly told police it was cocaine, and a field test reportedly confirmed this. The substance was seized, and Chukwu arrested.
Public prosecutor SS Panjwani examined six witnesses, including raiding officers, panch witnesses, and a chemical analyst. However, the court found lapses in the investigation, noting that proper procedures under the NDPS Act were not followed.
The court stated, “It is doubtful that the investigating team followed the proper procedure to search and seize the contraband… the recovery is hit by non-compliance of mandatory provisions.”
It added, “The evidence does not inspire confidence that the search was carried out in presence of an independent gazetted officer,” and acquitted Chukwu under the NDPS Act.
However, he was convicted under the Foreigners Act. The Nigerian High Commission confirmed that Chukwu’s visas were fake or expired. “The offences under the Foreigners Act are stringent to curb illegal entry and residence,” the court noted while sentencing him.
