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Nigerian Sentenced To 5 Years Rigorous Imprisonment In India For Forged port - Crime - Nairaland 41372h

Nigerian Sentenced To 5 Years Rigorous Imprisonment In India For Forged port (7280 Views)

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Peterobiisathie(f): 8:53pm On May 30
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 port

He possessed two ports: 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.

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. "ittedly, 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.

ittedly, 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


https://timesofindia.indiatimes.com/city/mumbai/nigerian-national-acquitted-in-cocaine-case-due-to-procedural-lapses-sentenced-for-illegal-entry/articleshow/121524225.cms

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Peterobiisathie(f): 9:01pm On May 30
It is unfortunate

33 Likes 1 Share

Commentor: 9:28pm On May 30
What a revolting development.

30 Likes 1 Share

RealityKings1: 10:02pm On May 30
Double wahala
Expired port and another forged port.

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Shellsploit: 4:55am On May 31
Another unprecedented event shocked

4 Likes

Karlovych: 5:05am On May 31
embarassed Indigenous pub

12 Likes

NgeneUkwenu(f): 8:46am On May 31
The whole world are just jealous of us! If we pulled our investment out of India today, their economy will collapse within two days! Umu chineke!

45 Likes 2 Shares

Peterobiisathie(f): 9:59am On May 31
aswani:


I am pleased to read that Mr Chukwu was nor jailed for drug offences in South East Asia.

Makes a change, not that I am ing his criminal enterprise ó bifor una start una wàhálà.
he was jailed for dubious acts

24 Likes 2 Shares

rinzaugustine: 8:54pm On May 31
Nawao Nigerians should stop bringing Imagine an Oba even committing crime 👇?

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9JAMac10: 8:56pm On May 31
Every race , ethnicity and nationality has rogues and criminals. God bless Nigeria

1 Like

RemoveKebab: 8:57pm On May 31
The usual suspects

They are never beating the allegations grin

27 Likes 2 Shares

UkoAnnang(m): 9:02pm On May 31
grin
Mikeraj: 9:07pm On May 31
Some people's minds are so strong, you would think the mind itself is gymming due to how strong some could be. Forging a fake port in another continent Haaa this one burst brain sha
Sirianese: 9:10pm On May 31

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TrainPark: 9:13pm On May 31

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wellmax(m): 9:16pm On May 31
I came here for one thing and I’m not disappointed

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Peakdesign23(f): 9:17pm On May 31
Eh ya grin
Helpfromabove(m): 9:19pm On May 31
The judge is very fair in his judgment
If not this man who had gone down for drug trafficking
Alliswell248: 9:24pm On May 31
When they commit crime, they suddenly become Nigerians.

We reject this agenda.

My Nigeria would be great.

Work in progress

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