SAMUEL OKEKE Vs. STATE

JUDGEMENT

(1.) The appellant has filed the present appeal impugning the judgment dated 04.07.2016 passed by Special Judge, NDPS-02 (Central), Tis Hazari Courts, Delhi, whereby the appellant was convicted of committing an offence punishable under Section 22(c) of the Narcotics and Psychotropic Substances Act, 1985 (hereafter referred to as the 'NDPS Act'). The appellant was held guilty for being in possession of four hundred grams of Methamphetamine. In addition, the appellant was also convicted of committing an offence punishable under Section 21(b) of the NDPS Act on account of being found in possession of ten grams of cocaine.

(2.) The appellant also impugns the order on sentence dated 05.07.2016, whereby the Trial Court sentenced the appellant to undergo rigorous imprisonment for ten years with a fine of Rs. 1,00,000/- and in default of payment of fine, to undergo simple imprisonment for a further period of six months for committing an offence punishable under section 22(c) of the NDPS Act. The appellant was sentenced to undergo rigorous imprisonment for a period of six months with a fine of Rs. 10,000/- and in default of payment of fine to undergo simple imprisonment for a further period of one month for committing an offence punishable under Section 21(b) of the NDPS Act. Both the sentences were to run concurrently.

(3.) The case of the prosecution is that secret information was received on 19.11.2013 that the appellant - a Nigerian national engaged in dealing in drugs - would come near ISBT to deliver the drugs. The information was recorded and after authorisation from a competent officer, a raiding team was constituted. The raiding team along with the informer took positions near the ISBT terminal. The appellant was observed walking from the direction of ISBT; the secret informer identified him; and he was apprehended at 07:55 pm on 19.11.2013. The appellant was served a notice under Section 50 of the NDPS Act and was, thereafter, searched. Four hundred grams of Methamphetamine was found concealed in a metallic box recovered from a bag carried by the appellant and ten grams of cocaine was recovered from the rear pocket of his lower (trousers). The appellant was also alleged to have violated the conditions of the visa for entry and stay in India. An FIR being FIR No. 195/2013 was registered with the PS Crime Branch. The appellant was arrested at 4.30 a.m on 20.11.2013 and was prosecuted pursuant to the said FIR. The appellant was charged for committing offences punishable under Sections 21 and 22 of the NDPS Act and Section 14 of the Foreigners Act 1946. He pleaded not guilty and, accordingly, the matter was set down for trial.